§ 108A-57. Subrogation rights; withholding of information a misdemeanor. - North Carolina Statutes

§ 108A‑57.  Subrogationrights; withholding of information a misdemeanor.

(a)        Notwithstanding anyother provisions of the law, to the extent of payments under this Part, theState, or the county providing medical assistance benefits, shall be subrogatedto all rights of recovery, contractual or otherwise, of the beneficiary of thisassistance, or of the beneficiary's personal representative, heirs, or theadministrator or executor of the estate, against any person. The countyattorney, or an attorney retained by the county or the State or both, or anattorney retained by the beneficiary of the assistance if this attorney hasactual notice of payments made under this Part shall enforce this section. Anyattorney retained by the beneficiary of the assistance shall, out of theproceeds obtained on behalf of the beneficiary by settlement with, judgmentagainst, or otherwise from a third party by reason of injury or death,distribute to the Department the amount of assistance paid by the Department onbehalf of or to the beneficiary, as prorated with the claims of all othershaving medical subrogation rights or medical liens against the amount receivedor recovered, but the amount paid to the Department shall not exceed one‑thirdof the gross amount obtained or recovered.

The United States and theState of North Carolina shall be entitled to shares in each net recovery underthis section. Their shares shall be promptly paid under this section and theirproportionate parts of such sum shall be determined in accordance with thematching formulas in use during the period for which assistance was paid to therecipient.

(b)        It is a Class 1misdemeanor for any person seeking or having obtained assistance under thisPart for himself or another to willfully fail to disclose to the countydepartment of social services or its attorney the identity of any person ororganization against whom the recipient of assistance has a right of recovery,contractual or otherwise.

(c)        This sectionapplies to the administration of and claims payments made by the Department ofHealth and Human Services under the NC Health Choice Program established underPart 8 of this Article.  (1973, c. 476, s. 138; c. 1031, s. 1; 1979, 2nd Sess., c. 1312, ss. 1,2; 1981, c. 275, s. 1; 1987 (Reg. Sess., 1988), c. 1022; 1993, c. 539, s. 815;1994, Ex. Sess., c. 24, s. 14(c); 1996, 2nd Ex. Sess., c. 18, s. 24.2(a); 2009‑16,s. 4(c).)