Articles Posted in lawyer

Hey wait, when did there get to be multiple insurers providing Medicaid benefits!? And who do I contact to get a Medicaid lien? Great questions! Some answers: Back on Feb. 4, 2019, the North Carolina Department of Health and Human Services announced the selection of Prepaid Health Plans that will participate in Medicaid managed care…

I had the great pleasure of teaching a class to over 110 criminal defense lawyers on February 28, 2020. They were all gathered to learn how to defend their clients who have been charged with DWI or DUI. I was there to tell them how it works when I sue their clients for injuring my…

I write this as Hurricane Florence spins off the coast of North Carolina. Right now it looks to be a category 4 or 5 storm. As a North Carolina Bad Faith Insurance lawyer, I deal with cases where homeowners insurance or commercial insurance wrongfully adjusts or wrongfully handles storm claims. These claims typically include refusing…

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…

Friends: This post is an update on an earlier post concerning changes to the law of Medicaid subrogation in North Carolina. The earlier post can be seen here: Medicaid: “Ahlborn hearings” are back thanks to the 2018 federal budget which makes Medicaid provide lien reduction hearings again. But watch the deadlines! Here is the short…

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,…

If you are interested in hearing how the 4th Circuit came to the decision in E.M.A. v Cansler, wherein the Court held that NC’s Medicaid lien statute was not in compliance with the requirements for subrogation as set out in Ark. Dep’t of Human Servs. v. Ahlborn, 547 U.S. 268 (2006) the audio link is posted below.…

This post is somewhat of a departure from my “usual” posts about liens and other important (but dry )material and it is also a huge departure from my normal practice of completely ignoring “friend spam.” What’s “friend spam”? Well, you know how you get those “chain emails” from Friends or Friends of Friends about a…

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…

So we all know that President Obama is talking about some type of Health Care reform in America. I can tell you from years of representing those injured in car accidents, here in Raleigh and across the state of North Carolina, that we need some type of health care reform. The folks that need coverage…