Articles Posted in lien

In the matter of Andrews v. Haygood, on December 12, 2008, the NC Supreme Court affirmed the court of appeals opinionwhich rejected the application of Ahlborn v. Arkansas to NC medicaid third party subrogation. Justice Newby wrote the opinion from which Justices Hudson, Brady and Timmons-Goodson dissented. The gist of the majority opinion is that the majority interprets Ahlborn (which…

I received a good question today and thought I would share my thoughts on the issue. The question concerns Medicaid and “med pay”. In NC, Medicaid gets 100% of med pay (first party) insurance proceeds. The problem is that quite often physicians and chiropractors often receive the med pay before the lawyer is involved. Or,…

The WorkPlaceProf Blog has posted an interesting case which has some very minor posisbilities of being a “nose under the tent” in NC to avoid ERISA liens. Basically, the case cited from the US Supreme Court has allowed a state to trump ERISA in order to “take” money away from a retirement plan for a…

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…