§ 108A-70. Recoupment of amounts spent on medical care. - North Carolina Statutes

§ 108A‑70. Recoupment of amounts spent on medical care.

(a)        The Department may garnish the wages, salary, or otheremployment income of, and the Secretary of Revenue shall withhold amounts fromState tax refunds to, any person who:

(1)        Is required by court or administrative order to providehealth benefit plan coverage for the cost of health care services to a childeligible for medical assistance under Medicaid; and

(2)        Has received payment from a third party for the costs ofsuch services; but

(3)        Has not used such payments to reimburse, as appropriate,either the other parent or guardian of the child or the provider of theservices;

tothe extent necessary to reimburse the Department for expenditures for suchcosts under this Part; provided, however, claims for current and past due childsupport shall take priority over any such claims for the costs of suchservices.

(b)        To the extent that payment for covered services has beenmade under G.S. 108A‑55 for health care items or services furnished to anindividual, in any case where a third party has a legal liability to makepayments, the Department of Health and Human Services is considered to haveacquired the rights of the individual to payment by any other party for thosehealth care items or services. (1993 (Reg. Sess., 1994), c. 644, s. 3; 1997‑443, s. 11A.118(a).)