Articles Posted in NC State Employees Health Plan Lien

As the State Employee Health Plan gets makes more and more subrogation claims, we will find situations that have not been contemplated by the statute. One such situation would be where a client has not had legal representation, and a medical payments insurer makes payment directly to the SEHP before an attorney becomes involved. Here…

When the changes to the State Employee Health Plan lien were enacted on October 1, 2006, the Legislature specifically exempted the SEHP from the $4,500 cap that is normally placed on medical providers collecting from wrongful death settlements. Specifically, the Wrongful death Act (N.C.G.S. § 28A-18-2(a) ) was amended to say: The limitations on recovery…

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…

Here is an update on the NC Teachers and State Employees Health lien: I met with the folks at the SEHP along with the top brass from the NC Academy of Trial Lawyers two weeks ago. Our meeting was designed to discuss some of the wrinkles in interpretation of the “new” lien. LIEN FORMULA The…

A fellow plaintiff’s lawyer, David Lewis of KELLY & WEST ATTORNEYS in Lillington, NC, has correctly pointed out that the new SEHP legislation uses the language from the NC Medical Lien Statute and that the analysis should probably follow that line of lien reduction.(i.e. I got it wrong) He’s absolutely correct, I think. The final…

Governor Signs the Bill, but SEHP doesn’t Get it The governor signed the SEHP bill (Session Law 2006-264** SB 602) yesterday on the last possible day to sign the legislation. Great news, right? Well, maybe. Looks like SEHP is interpreting the statute in a very odd manner. SEHP is not reading the new statute correctly…

Waiting for the Governor We are all waiting on the new State Teacher’s and Employees Health Plan Lien to be signed into law by the Governor. A lot of us lawyers are impatient for this to happen because we have been waiting since 2004 for the “new” legislation to give a makeover to this “super…

So you have a client that is a member of the North Carolina Teachers and State Employee’s Health Plan? You need to get the information to determine the extent of the Plan’s lien? Here are some simple steps to follow to protect your client’s rights: Read the Background and In-Depth Analysis of the Lien Get…

When the Governor Signs[ed] the Bill, How will[does] it Work? The Legislature has passed a revision to the State Employee and Teachers Health Plan lien and has sent that bill to the Governor for signature. Refer to this post for the text of the bill. Up until now, the SEHP limited itself to no more…

I received a very intriguing question about the State Employees Health Plan lien. Here is the scenario: Client is ready to settle a personal injury case. Healthcare providers do not have lien and refuse to file on the client’s State Employees Health Care insurance. NC State BC/BS (the administrator of the State Health Plan) states…