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NC H866

Bill

Status

Engrossed

5/6/2019

Primary Sponsor

Julia Howard

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Origin

House of Representatives

2019-2020 Session

AI Summary

  • Establishes that the North Carolina State Health Plan for Teachers and State Employees holds a lien superior to all nongovernmental medical liens and rights, whether those liens are prior or subsequent to the State Health Plan lien.

  • Clarifies that the State Health Plan lien priority applies to funds recovered in personal injury civil actions and to settlement or compensation payments received outside of litigation.

  • Limits medical liens to a maximum of 50% of damages recovered, exclusive of attorney's fees, and clarifies that client disbursement instructions do not override lien requirements.

  • Extends the lien priority provision for charter schools withdrawing from the Teachers' and State Employees' Retirement System, allowing those entering a payment plan before June 14, 2023, to have the full three years to complete payments with lien priority applying throughout the entire payment period.

  • Becomes effective upon passage.

Legislative Description

Clarify Priority Status of Certain Liens

Last Action

Ref To Com On Rules and Operations of the Senate

5/6/2019

Committee Referrals

Rules and Operations of the Senate5/6/2019
Rules, Calendar, and Operations of the House4/29/2019
Judiciary4/22/2019

Full Bill Text

No bill text available