Where do I find the Medicaid lien statute that allows a lawyer to reduce a Medicaid lien in North Carolina?
August 08, 2018
If you find yourself in a situation with a personal injury case in North Carolina where Medicaid is claiming a substantial portion of an already limited insurance settlement, and you need to reduce the Medicaid lien, there is a statutory process to request a reduction hearing.
The problem is that it is hard to find the statute that allows the hearing. The reason for that is that due to some federal law changes, which were eventually reversed, North Carolina law changed, but then the new law was rendered inoperable by the federal law changing back. Sounds complicated, and it is, but this post explains all of that: www.nctriallawblog.com/north_carolina_trial_law_/2018/02/medicaid-ahlborn-hearings-are-back-thanks-to-the-2018-federal-budget-which-makes-medicaid-provide-li.html
The practical issue is this: if you google "NC Medicaid Lien Statute" you will find the 2017 "changed" statute in NC that is no longer good law. What you need is that statute language from before the 2017 changes.
That law is from House Bill 982 from 2013. Below is a link to the bill that was signed into law. This is, by way of the federal law changes and the magic of retroactive legal language, the real law on Medicaid liens now. This statute contains the procedure and deadlines you need to successfully challenge a Medicaid lien claim in North Carolina.
If you find yourself needing to challenge the lien claim, my office does this work for other lawyers on a case by case basis. So give me a call to discuss.
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