What steps are involved in verifying my medical bills and records before we send a demand to the insurer?: North Carolina personal injury claims

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What steps are involved in verifying my medical bills and records before we send a demand to the insurer? - North Carolina

Short Answer

In North Carolina, verify your claim by collecting complete medical records and itemized bills from every provider, reconciling what was billed to what was actually paid or still owed, and confirming all liens and reductions (including Medicaid). You then build a clean medical timeline tied to the crash, remove unrelated or duplicate charges, and resolve any lien questions before finalizing the demand. This avoids disputes over amounts and protects your recovery when settlement funds are distributed.

Understanding the Problem

You want to know how to verify your medical bills and records before sending a settlement demand in North Carolina personal injury practice. The key decision is: can you confidently confirm the amounts that are actually payable and document that your treatment relates to the crash? Here, one important fact is that Medicaid paid some of your treatment, which affects lien rights and what must be repaid from any settlement.

Apply the Law

Under North Carolina law, the insurer will evaluate medical expenses based on what was actually paid or is legally owed, not inflated sticker prices. Providers may assert medical liens, and Medicaid has a statutory reimbursement right against personal injury recoveries. Verification means matching bills to records, confirming causation, applying contractual write‑offs and adjustments, and identifying and resolving any liens before money is distributed. The main forum at this stage is your pre‑suit claim with the insurer, while you work with providers’ records/billing departments and the North Carolina Department of Health and Human Services for Medicaid lien information.

Key Requirements

  • Complete records and bills: Request full treatment records and itemized billing from every provider tied to the crash (hospital, EMS, imaging, therapy, specialists, pharmacy).
  • Amounts actually paid/owed: Reconcile billed charges to payments, write‑offs, and balances to reflect the amounts legally recoverable.
  • Medicaid lien check: Identify and obtain an itemized Medicaid lien statement; verify only crash‑related, paid claims are included.
  • Causation and scope: Confirm records tie injuries and treatment to the crash and exclude unrelated care or duplicates.
  • Privacy compliance: Use HIPAA‑compliant authorizations and correct identifiers so providers can release records and bills.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because the insurer already denied your initial demand and Medicaid paid some charges, you should gather complete records and itemized bills from all providers and reconcile them to the amounts actually paid or still owed. Obtain a Medicaid lien statement, remove any unrelated or duplicate charges, and confirm contractual write‑offs so the demand reflects recoverable amounts. Build a clear treatment timeline tied to the crash to support causation. Before agreeing to any settlement paperwork, ensure lien obligations are addressed so you are not personally responsible for post‑settlement reimbursements.

Process & Timing

  1. Who files: You (through your attorney). Where: Each provider’s Health Information Management and Billing departments; North Carolina DHHS, Division of Health Benefits (Medicaid) for lien information. What: HIPAA authorization; complete medical records; itemized billing statements; Medicaid lien statement. When: Request immediately; providers commonly take 2–6 weeks to respond.
  2. Reconcile bills to payments and write‑offs, remove unrelated entries, and prepare a medical chronology with supporting pages. This typically takes 1–2 weeks after all records arrive, depending on volume.
  3. Confirm Medicaid’s final lien itemization, address any disputes, then finalize and send the updated demand package to the insurer; expect several weeks for review.

Exceptions & Pitfalls

  • Medicaid lien scope: Challenge charges not related to the crash and confirm the correct cap and allocation; ask for an updated itemization before settlement.
  • Provider lien enforceability: Providers generally must supply itemized bills and records to assert liens; request them in writing and keep proof.
  • Duplicates and unrelated treatment: Remove pre‑existing or unrelated care so you do not overstate medical expenses.
  • Release and indemnity terms: Avoid agreeing to broad indemnity for all liens without confirming amounts; align settlement terms with your lien resolution plan.
  • Authorization errors: Missing signatures, wrong dates of birth, or incomplete HIPAA forms delay records and bills.

Conclusion

Before sending a North Carolina demand, verify every charge and record: collect complete records and itemized bills, reconcile to amounts actually paid or owed, and identify and resolve liens—especially Medicaid. This aligns your demand with admissible medical expenses and avoids post‑settlement surprises. Next step: request complete records, itemized bills, and a Medicaid lien statement now, then finalize your chronology and totals only after you confirm reductions and remove unrelated charges.

Talk to a Personal Injury Attorney

If you're preparing a North Carolina demand and need to verify medical bills, records, and Medicaid lien issues, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (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.

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