Short Answer

In North Carolina, you do not have to wait on the liability adjuster to learn lien payoffs. Contact each lienholder directly and request an itemized payoff in writing. State law gives medical providers a lien only if they furnish itemized records on request, and government payers (Medicaid, Medicare, State Health Plan) issue their own payoff letters. If amounts remain disputed, hold funds in trust and ask the Superior Court to apportion or resolve the liens.

Understanding the Problem

You’re settling a North Carolina personal injury claim and need the exact medical lien payoff to finalize disbursements. Your attorney has asked the insurer’s adjuster for the numbers, but the adjuster has gone silent. The question is: how do you get accurate lien payoffs now so you can ethically and confidently close the case?

Apply the Law

North Carolina law gives certain healthcare providers a lien on personal injury recoveries and requires them to provide itemized statements upon request. Separate statutes give Medicaid and the State Health Plan reimbursement rights, and federal law governs Medicare recoveries. Liability adjusters do not control these liens; the lienholders do. You can and should obtain payoff figures directly from each lienholder, and if there is a dispute, a court can resolve apportionment before funds are released.

Key Requirements

• Identify all lienholders: Hospitals, clinics, and doctors with treatment balances; Medicaid; Medicare; the State Health Plan; and any private plan asserting contractual reimbursement.
• Request itemized statements in writing: Providers’ lien rights depend on furnishing itemized bills and records when requested; ask for a written payoff good-through date.
• Get government payoff letters directly: Contact Medicaid (NCDHHS), Medicare’s recovery contractor, and the State Health Plan for formal lien/conditional payment summaries and final demands.
• Observe statutory limits and priorities: Provider liens share in the recovery subject to statutory limits; government payers have separate statutory recovery rights.
• Use the court if needed: If lienholders won’t respond or disagree, retain disputed funds in trust and seek a Superior Court order to determine amounts and apportionment.

What the Statutes Say

• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Allows liens for medical services and requires providers to furnish itemized statements on request.
• North Carolina Gen. Stat. § 44-50 (Distribution and attorney fees) - Addresses how settlement funds are shared among attorney fees, providers, and the client.
• North Carolina Gen. Stat. § 108A-57 (Medicaid reimbursement) - Establishes the State’s claim to recover Medicaid-paid medical expenses from liable third-party recoveries.
• North Carolina Gen. Stat. § 135-48.37 (State Health Plan subrogation) - Gives the State Health Plan rights to reimbursement from third-party settlements.

Analysis

Apply the Rule to the Facts: Because the adjuster is unresponsive, you should proceed directly to the lienholders. For providers, send written, HIPAA-compliant requests for itemized statements and payoff letters; their lien depends on furnishing these on request. For Medicaid, Medicare, and the State Health Plan, request formal payoff/conditional payment summaries and final demands directly. If any lienholder won’t respond or disputes remain, hold the contested portion in trust and seek a Superior Court ruling on the correct amounts and apportionment before disbursement.

Process & Timing

1. Who files: The injured person’s attorney. Where: Direct written requests to each provider and government payer; escalate within the insurer only for med-pay ledgers. What: HIPAA authorization, itemized billing requests, and formal payoff requests; use Medicare/Medicaid portals or designated contacts. When: Start immediately after liability is clear and before settlement disbursement; request written payoffs with a clear response date.
2. Follow up at 7–10 business days; if a provider won’t itemize, document the requests (fax/email receipts). For government payers, monitor portals and promptly dispute unrelated charges.
3. If any lien remains unclear or disputed, retain the disputed sum in trust and file in Superior Court (interpleader or motion for determination/apportionment). Expect court-ordered mediation after filing; finalize court-approved distribution and then disburse.

Exceptions & Pitfalls

• Do not rely on the liability adjuster for lien totals; contact lienholders directly.
• Providers who refuse to furnish itemized records on request risk losing lien enforcement—keep written proof of your requests.
• Government payer recoveries (Medicaid, Medicare, State Health Plan) follow their statutes and often are not limited by provider lien caps; obtain official final demands.
• Confirm whether a private health plan is ERISA self-funded; plan language may control its reimbursement claim.
• Never disburse to the client before all final demands are in; if unsure, hold the disputed portion in trust and seek a court order.

Talk to a Personal Injury Attorney

If you’re trying to settle a claim but can’t get clear lien payoffs, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.