Short Answer

In North Carolina, you generally need to send a letter of representation and a HIPAA-compliant authorization, along with key identifiers (full name, date of birth, address, last four of SSN), the date and type of accident, and the health plan’s member ID or claim number. Include basic treatment details (providers and dates of service) and liability insurance information (at-fault carrier and claim number) so the plan or billing administrator can open a subrogation/reimbursement file and audit paid bills.

Understanding the Problem

You are asking what an attorney must send to a North Carolina health plan or medical billing administrator to get a subrogation file opened for accident-related medical bills. Here, counsel already provided the client’s birth date and accident date and was told to fax a letter of representation. The goal is to trigger the plan’s recovery process so it can identify related payments and issue lien or reimbursement figures before any settlement is disbursed.

Apply the Law

Under North Carolina law, medical providers can assert statutory liens against personal injury recoveries, and certain payers (like Medicaid and workers’ compensation carriers) have reimbursement rights in third-party claims. “Subrogation” or “reimbursement” files let the payer audit what it paid for injury-related care and state what must be repaid from a settlement. Attorneys must honor valid liens and reimbursement rights before disbursing settlement funds. The main forum is out-of-court with the plan’s recovery unit; disputes over payment or allocation are resolved under North Carolina statutes and, if necessary, in court. Timing matters: open files early so you have current lien amounts before negotiating or distributing funds.

Key Requirements

• Identify the client and policy: Full legal name, date of birth, address, last four of SSN, health plan member ID, group/policy number, and any internal claim numbers.
• Document the accident: Date of loss, brief description of the incident and injuries, location, and the at-fault carrier’s name, claim number, and adjuster contact.
• Confirm coverage path(s): Whether bills were paid by private health insurance, Medicaid, Medicare, Med-Pay, or workers’ compensation; include carrier names and claim numbers.
• Treatment details: Names of providers/facilities, dates of service, and (if requested) itemized bills or EOBs so the payer can match payments to the injury.
• Authorization and representation: Letter of representation and a HIPAA-compliant authorization permitting the plan/administrator to communicate with counsel and release payment information.
• Case posture: Whether a liability claim or lawsuit is pending, expected settlement timing, and any court or Industrial Commission file numbers.

What the Statutes Say

• North Carolina Gen. Stat. § 44-49 (Medical provider lien on injury recoveries) - Allows providers to assert liens on settlement/judgment proceeds for injury-related services.
• North Carolina Gen. Stat. § 44-50 (Enforcement; attorney’s fees; limits) - Gives attorney’s fees priority and limits how much of the recovery can be used to satisfy medical liens.
• North Carolina Gen. Stat. § 108A-57 (Medicaid subrogation and lien) - Establishes the State’s lien and reimbursement rights against third-party recoveries.
• North Carolina Gen. Stat. § 97-10.2 (Workers’ compensation lien in third-party claims) - Provides an employer/carrier lien and procedures for distribution in third‑party recoveries.

Analysis

Apply the Rule to the Facts: You sent the birth date and accident date; that’s a start, but most recovery units will not open a file or release payment data without a letter of representation and a HIPAA authorization. Adding the client’s full identifiers, plan member ID, at‑fault insurer claim number, and a list of known providers/dates of service lets the administrator match injury payments quickly and assign a case ID and lien auditor.

Process & Timing

1. Who files: Injured person’s attorney. Where: The health plan’s subrogation/recovery unit or the medical billing administrator named on the EOBs; for Medicaid, the NC DHHS Third Party Recovery Section; for Medicare, the Benefits Coordination & Recovery Center (BCRC); for workers’ comp, the employer’s carrier. What: Letter of Representation and HIPAA authorization, plus an intake packet with client identifiers, accident details, coverage information, and provider list. When: As soon as you’re retained and before settlement negotiations.
2. The administrator opens a file, acknowledges representation, and begins an audit of paid injury-related claims. Expect an initial statement within a few weeks; updates follow as new bills post.
3. Before disbursement, request a final lien/conditional payment amount in writing, negotiate any reductions as allowed by law or plan terms, and obtain a release or satisfaction letter for your file.

Exceptions & Pitfalls

• Self‑funded ERISA plans may claim broader reimbursement rights by contract. Ask for the plan document and summary plan description to verify scope and priority.
• No HIPAA authorization = no data. Without a proper release, plans and providers may refuse to discuss claims or disclose paid amounts.
• Multiple payers (Med‑Pay, health insurance, Medicaid/Medicare, workers’ comp) require separate notices and payoff requests. Failing to notify all can cause delays and post‑settlement demands.
• Confirm injury relatedness. Request itemized bills; exclude unrelated care from any lien calculation.
• Medical provider liens are limited by statute and subordinate to reasonable attorney’s fees. Do not overpay a provider beyond statutory limits.

Talk to a Personal Injury Attorney

If you're dealing with medical liens or insurer reimbursement after an accident, 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.