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Liens on Injury Settlements

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Liens On Injury Settlements

State Employee Health Plan Lien: In 2004 the North Carolina legislature enacted a law allowing the state to recover for any medical expenses paid by the North Carolina Teachers and Employees Health Plan. This new lien is by far the most comprehensive lien in North Carolina. This article published in “Trial Briefs” (North Carolina Academy of Trial Lawyers) provides information to lawyers and consumers on the scope of the lien, and ways to get it reduced. Read the Trial Briefs Article.

New SEHP Lien in September of 2006. After the above article was written, the law was amended to restrict the right of recovery of the State Employee Health Plan to no more than 50 percent of the settlement after reasonable attorney fees are paid. Additional language regarding wrongful death cases was added. Read the new law which significantly reduces the SEHP lien.

North Carolina Medicaid Third-Party Recovery Manual and Lien: If Medicaid has paid for medical services that are the result of a car accident or workers’ compensation claim, Medicaid is entitled, by law, to be repaid from any personal injury settlement. This document is the Word-formatted version of the manual that Medicaid published. It provides guidance on how Medicaid views the laws. Read the Medicaid Third-Party Manual here.

What does the Ahlborn Case mean for Medicaid Liens in North Carolina? In May of 2006, the U.S. Supreme Court issued a ruling in Arkansas v. Ahlborn that changed the landscape of subrogation claims made by state Medicaid programs. Read the ATLA’s Amicus Brief here. For further information on the Ahlborn case, including links to the court opinions and analysis of the case, click here to view the North Carolina Trial Law Blog posts on the subject. Click here to view the Ahlborn Case PowerPoint slide show. Or view the slide show as a PDF file.

Insurance Law

Policy Limits Must Be Disclosed in North Carolina. Until 2004, an insurance company in the state did not have to disclose the amount of insurance on a defendant’s automobile insurance policy until after a lawsuit was filed. Since 2004, an insurance companies must disclose policy limits if the attorney follows the correct procedure for the request and agrees to “pre-suit” mediation. This article explains the law and provides sample letters and North Carolina Department of Insurance forms for the request. Read about Demanding Policy Limits here.


North Carolina Uniform Arbitration Act. All automobile insurance policies in North Carolina must provide uninsured insurance (UM) at a minimum level of $30,000. Underinsured insurance (UIM) must also be offered with every standard policy sold. Unlike many states, North Carolina allows for the insured to resolve UM and UIM claims with binding arbitration OR a jury trial. Arbitration is often a quicker and more predictable result for an injured policy holder. Chris Nichols frequently serves as an arbitrator in insurance law disputes as well a representing injured parties with claims against their own insurance companies. All arbitration in North Carolina is governed by the Uniform Arbitration Act. Read the Uniform Arbitration Act here.

Legal Forms

HIPAA Medical Release Form. At the start of every personal injury case, Nichols Law firm will request copies of your medical records from your medical providers. We review these records to help establish the physical and financial injuries you sustained because someone failed to follow the law. To request those records, Nichols Law Firm needs a signed medical release, often called a HIPAA form. You can download and print a custom HIPAA form by clicking here.

PowerPoint Shows

Direct Examination Techniques. PowerPoint show of presentation given to legal services attorneys on effective methods for direct examination. View Direct Examination Techniques Power Point.

Ahlborn and Medicaid Third-Party Recovery. If you are interest in seeing a PowerPoint slide show that compares and contrasts the North Carolina rules on Medicaid liens with the federal rules on Medicaid recovery, click here to view the Ahlborn Case PowerPoint Slide Show. Or click here to download the PowerPoint as a PDF file.

Download PowerPoint viewer. If you don’t have PowerPoint, you can download a free viewer from Microsoft.

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