Articles Posted in Medical Provider Liens

Highlights of the New Medicaid Subrogation Lien Statute After Wos v EMA Supreme Court Case
Nichols Law Firm

I’m a little late posting this new statute on my blog because I was so involved in getting the new Medicaid subrogation statute trimmed down and written in a way that it would be workable for trial lawyers. These changes were the result of the US Supreme Court Ruling in Wos v EMA issued March 20,…

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Can a Hospital Seek a Medical Lien if the Bills Were Submitted to Workers Compensation in NC?
Nichols Law Firm

I received a question by email and it is a good one so I’m going to post the question and the answer: Can a medical provider claim a lien under NCGS 44-49 if the medical bills have been paid by the workers compensation carrier prior to injured worker pursuing a third part claim against a…

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Attorney Fees and Medicaid Lien Cap in North Carolina Personal Injury Cases
Nichols Law Firm

Just had a great straight forward question about the interaction of Medicaid Liens, Attorney Fees, and medical provider liens pursuant to NCGS 44-49-50. QUESTION: Is Medicaid’s lien capped at one third of liability proceeds received or half of what is left over after attorney’s fees? In other words, if I am pro-rating a Medicaid lien…

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Medicaid v. State Employees v. Medical Provider Liens: An Epic Battle
Nichols Law Firm

I recently received a great question from an attorney regarding the interplay of Medicaid, State Employee Helath Plan, and Medical Provider Liens. With the recent developments in Medicaid subrogation law (The SCOTUS decision in Ahlborn and North Carolina Supreme Court ruling in Ezell) and the “new” amended statute for the State employee Health Lien, lawyers…

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