Short Answer

In North Carolina, start by identifying who holds the lien right (the medical provider, Medicaid, the State Health Plan, or another payer) and send a written notice to that subrogation or lien unit. Call the provider’s billing office and ask for the dedicated lien/subrogation contact, then follow up with a letter of representation containing key identifiers. If public benefits paid any bills (Medicaid or the State Health Plan), notify the appropriate state recovery unit directly so a file can be opened before settlement.

Understanding the Problem

You want to know how, in North Carolina personal injury matters, you can find the right person or department to receive your subrogation lien notice. Here, an attorney called a medical billing administrator, provided the client’s date of birth and accident date, learned no subrogation file was open, and was asked to fax a letter of representation.

Apply the Law

Under North Carolina law, medical providers and certain payers have statutory rights to reimbursement from personal injury recoveries. That includes medical provider liens and state program reimbursement rights. “Notice” typically means a written letter to the correct subrogation/lien department so the file can be opened and the claim verified before funds are disbursed. The main forum is out of court; you deal directly with the provider or agency, and you must resolve perfected liens before paying out settlement proceeds. While procedures can vary by entity, do this early to avoid delays at disbursement.

Key Requirements

• Identify the lienholder type: Determine if the claim is from a hospital/doctor, Medicaid, the State Health Plan, or another insurer.
• Verify coverage source: Ask the provider which payer (if any) covered the bills so you can contact the correct recovery unit.
• Send written notice: Provide a letter of representation with patient name, date of birth, date of injury, provider account number, and your contact details.
• Request confirmation: Ask for the subrogation/lien department’s email or fax, a file number, and a written acknowledgment.
• Track statutory liens: Ensure you address statutory medical provider liens and any Medicaid/State Health Plan claims before disbursement.

What the Statutes Say

• N.C. Gen. Stat. § 44-49 (Medical provider lien) - Allows providers to assert a lien on injury recoveries for reasonable charges when proper notice is given.
• N.C. Gen. Stat. § 44-50 (Payment and limits) - Requires payment of perfected provider liens from settlements and sets distribution rules.
• N.C. Gen. Stat. § 108A-57 (Medicaid lien and subrogation) - Gives the state a lien and subrogation rights on injury recoveries when Medicaid paid related expenses.
• N.C. Gen. Stat. § 135-48.37 (State Health Plan subrogation) - Authorizes recovery from liable third parties when the State Health Plan paid covered medical costs.

Analysis

Apply the Rule to the Facts: Because the billing administrator reported no open subrogation file, your next step is to fax or email a letter of representation to the provider’s subrogation/lien unit with the patient identifiers (name, DOB) and the accident date. Ask the billing administrator for the specific subrogation contact’s name, email, and fax, and request a file number once received. If any charges were paid by Medicaid or the State Health Plan, notify those programs’ recovery units directly so their lien files are opened and verified before settlement.

Process & Timing

1. Who files: Injured person’s attorney. Where: The medical provider’s subrogation/lien department; if applicable, the North Carolina Division of Health Benefits (Medicaid) recovery unit or the State Health Plan recovery contractor. What: Letter of representation and lien notice including client identifiers, provider account number, date of injury, and your contact info. When: As soon as you identify potential lienholders and before negotiating final disbursement.
2. Obtain the correct contact by calling the provider’s billing office and asking for the “subrogation” or “lien” unit. If public coverage is involved, contact the agency’s recovery unit directly. Expect 2–4 weeks for acknowledgment or lien details; timelines vary.
3. Receive written confirmation with a file number and itemized charges. Before disbursement, request a final lien amount or reduction confirmation and keep proof of payment or resolution for your file.

Exceptions & Pitfalls

• Medicaid and State Health Plan claims: These statutory rights must be addressed; failure to notify the correct unit can delay disbursement.
• Wrong contact: General billing lines may not process liens; ask specifically for the subrogation/lien department and a direct fax/email.
• Incomplete notice: Missing identifiers (name, DOB, date of injury, account/claim number) can stall file opening—include them up front with a HIPAA-compliant authorization if requested.
• Multiple payers: Hospital charges, Medicaid, and a private plan may all assert rights. Open files with each potential lienholder and reconcile before settlement.

Talk to a Personal Injury Attorney

If you're dealing with medical billing and subrogation contacts after an injury, 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.