Articles Posted in liens

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’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.…

I was sent this brief “idiot’s guide” to dealing with Medicare and thought it was an excellent summary of the process. I’ve posted it in full, along with the contact information for a company that will help with the lien resolution process. I am not endorsing their product as I have never used their services.…

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…

A great op-ed piece about the horrible and judicially mutilated zombie of ERISA Laws. Rebalancing the scales of justice Barack Obama must stop the supreme court from providing immunity to health insurers and other corporate law-breakers Fourteen years ago, a single mother named Ann Dunham began a long, ultimately unsuccessful battle with cancer – and…

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,…

I read an interesting newspaper article over the weekend by Robert Pear for the New York Times News Service.  Read the article here.  Another good version of the article can be read here. The article says that the Bush administration “will no longer pay the extra costs of treating preventable errors, injuries and infections that…

I’m happy to say that today www.NCTriallawblog.com turned “10,000” so to speak. I’ve had 10,000 visitors since the “launch” of the Blog last August. Honestly, I have no idea if this is “good” or not, but it averages out to about 30 new visits per day, so I think in general, it’s been a good…