§ 143-121. Action to recover costs. - North Carolina Statutes

§ 143‑121.  Actionto recover costs.

(a)        Immediately upon the fixing of the amount of actual cost, acause of action shall accrue for the costs in favor of the State for the use ofthe institution in which the person admitted received care against the personadmitted or person legally responsible for paying the costs.

(b)        The State for the use of the institution may sue upon thecause of action in the courts of Wake County, in the courts of the county inwhich the institution is located, or in the courts of the county where thedefendant resides.

(c)        In any action to recover the cost of care, a verified anditemized statement of the account signed by the reimbursement director of theinstitution showing the period of time during which the person admitted wasreceiving care in the institution, the daily or monthly rate of charge fixed bythe Secretary, the total amount due on the account, and the proper credits forany payments which may have been made on the account, shall be filed with thecomplaint and shall constitute a prima facie case. The State shall be entitledto a judgment in the case in the absence of allegation and proof on the part ofthe person admitted or person legally responsible for paying the costs that theverified and itemized statement is not correct because of:

(1)        An error in the calculation of the amount due predicatedupon the rate of charge fixed by the Secretary;

(2)        An error as to the period of time during which the personadmitted received care in the institution; or

(3)        An error in not properly crediting the account with anypayment which may have been made.

(d)        The provisions of this Article directing the Secretary todetermine which of the persons admitted are nonindigent and able to pay fortheir care, notify the person admitted or person legally responsible for thecost of his care of the amount due, to render a statement of the amount duemonthly, to discharge persons admitted found able to pay but who refuse to payand all of the other provisions relating to the manner in which the Secretaryshall assess  and collect costs are directory and not mandatory. The failure ofthe  Secretary to perform any of these provisions shall not affect the right ofthe State to recover in any action brought for the cost of care against the personadmitted, a person legally responsible for the cost of his care, or his estateif he has died. (1925, c. 120, s.5; 1985, c. 508, s. 9.)