§ 143‑126.1. Lien on property for unpaidbalance due institution.
(a) There is hereby created a general lien on both the real andpersonal property of any person admitted who is receiving or who has receivedcare in any of the institutions operated by the Department of Health and HumanServices to the extent of the total amount of the unpaid balance shown on theverified statement of account for charges from and after July 1, 1967.
(b) Such general lien for the unpaid balance for care at theinstitutions shall apply to the property, both real and personal, of the personadmitted whether held by him or his trustee or guardian.
(c) At the time deemed suitable in the discretion of theDepartment, there may be filed a verified statement of account containing thefollowing:
(1) The name of the person admitted;
(2) The inclusive dates of the provision of care and a statementthat care is continuing if applicable;
(3) The name of the institution providing care; and
(4) The amount of the unpaid balance.
Thestatement may be filed in the office of the clerk of superior court in thecounty of residence of the person admitted and in each county or counties wherereal property in which the patient owns an interest is found. The statementshall be docketed and indexed by the clerk.
(d) From the time of docketing, the statement shall be andconstitute due notice of a lien against the real property then owned orthereafter acquired by the patient and lying in such county to the extent ofthe total amount of the unpaid balance for the person admitted's care asevidenced by the verified statement of account for charges from and after July1, 1967. Payments made by a fiduciary, including those made by a clerk ofsuperior court, in full or partial satisfaction of such lien, shall constitutea valid expenditure as provided in G.S. 143‑119.
(e) The lien thus established shall take priority over all otherliens subsequently acquired and shall continue from the date of filing untilsatisfied. No action to enforce such lien may be brought more than three yearsfrom the last date of filing of such lien nor more than three years after thedeath of any person admitted. The failure to bring such action or the failureof the Department to file said statement shall not be a complete bar againstrecovery but shall only extinguish the lien and priority established by it.
(f) Upon receipt of the full unpaid balance by the institutionor Department or upon agreement of compromise of such unpaid balance, theDepartment shall notify the clerks of superior court in the counties where thelien has been docketed that the unpaid balance has been paid, and the clerksshall cancel the lien of record.
(g) Notwithstanding the foregoing provisions, no such lien shallbe enforceable against any funds paid by the State to a person admitted afterjudgment or settlement of a claim for damages arising out of the negligentinjury of such person at any of the institutions during the life of personadmitted. Upon the death of the person admitted, any remaining proceeds of ajudgment or settlement under this subsection in the hands of the deceased shallbecome a general asset of the estate and subject to any lien of the State. (1967, c. 959; 1973, c. 476, s. 133; 1979, c. 978, s.1; 1985, c. 508, s. 11; 1997‑443, s. 11A.118(a).)
§ 143‑126.1. Lien on property for unpaidbalance due institution.
(a) There is hereby created a general lien on both the real andpersonal property of any person admitted who is receiving or who has receivedcare in any of the institutions operated by the Department of Health and HumanServices to the extent of the total amount of the unpaid balance shown on theverified statement of account for charges from and after July 1, 1967.
(b) Such general lien for the unpaid balance for care at theinstitutions shall apply to the property, both real and personal, of the personadmitted whether held by him or his trustee or guardian.
(c) At the time deemed suitable in the discretion of theDepartment, there may be filed a verified statement of account containing thefollowing:
(1) The name of the person admitted;
(2) The inclusive dates of the provision of care and a statementthat care is continuing if applicable;
(3) The name of the institution providing care; and
(4) The amount of the unpaid balance.
Thestatement may be filed in the office of the clerk of superior court in thecounty of residence of the person admitted and in each county or counties wherereal property in which the patient owns an interest is found. The statementshall be docketed and indexed by the clerk.
(d) From the time of docketing, the statement shall be andconstitute due notice of a lien against the real property then owned orthereafter acquired by the patient and lying in such county to the extent ofthe total amount of the unpaid balance for the person admitted's care asevidenced by the verified statement of account for charges from and after July1, 1967. Payments made by a fiduciary, including those made by a clerk ofsuperior court, in full or partial satisfaction of such lien, shall constitutea valid expenditure as provided in G.S. 143‑119.
(e) The lien thus established shall take priority over all otherliens subsequently acquired and shall continue from the date of filing untilsatisfied. No action to enforce such lien may be brought more than three yearsfrom the last date of filing of such lien nor more than three years after thedeath of any person admitted. The failure to bring such action or the failureof the Department to file said statement shall not be a complete bar againstrecovery but shall only extinguish the lien and priority established by it.
(f) Upon receipt of the full unpaid balance by the institutionor Department or upon agreement of compromise of such unpaid balance, theDepartment shall notify the clerks of superior court in the counties where thelien has been docketed that the unpaid balance has been paid, and the clerksshall cancel the lien of record.
(g) Notwithstanding the foregoing provisions, no such lien shallbe enforceable against any funds paid by the State to a person admitted afterjudgment or settlement of a claim for damages arising out of the negligentinjury of such person at any of the institutions during the life of personadmitted. Upon the death of the person admitted, any remaining proceeds of ajudgment or settlement under this subsection in the hands of the deceased shallbecome a general asset of the estate and subject to any lien of the State. (1967, c. 959; 1973, c. 476, s. 133; 1979, c. 978, s.1; 1985, c. 508, s. 11; 1997‑443, s. 11A.118(a).)
§ 143‑126.1. Lien on property for unpaidbalance due institution.
(a) There is hereby created a general lien on both the real andpersonal property of any person admitted who is receiving or who has receivedcare in any of the institutions operated by the Department of Health and HumanServices to the extent of the total amount of the unpaid balance shown on theverified statement of account for charges from and after July 1, 1967.
(b) Such general lien for the unpaid balance for care at theinstitutions shall apply to the property, both real and personal, of the personadmitted whether held by him or his trustee or guardian.
(c) At the time deemed suitable in the discretion of theDepartment, there may be filed a verified statement of account containing thefollowing:
(1) The name of the person admitted;
(2) The inclusive dates of the provision of care and a statementthat care is continuing if applicable;
(3) The name of the institution providing care; and
(4) The amount of the unpaid balance.
Thestatement may be filed in the office of the clerk of superior court in thecounty of residence of the person admitted and in each county or counties wherereal property in which the patient owns an interest is found. The statementshall be docketed and indexed by the clerk.
(d) From the time of docketing, the statement shall be andconstitute due notice of a lien against the real property then owned orthereafter acquired by the patient and lying in such county to the extent ofthe total amount of the unpaid balance for the person admitted's care asevidenced by the verified statement of account for charges from and after July1, 1967. Payments made by a fiduciary, including those made by a clerk ofsuperior court, in full or partial satisfaction of such lien, shall constitutea valid expenditure as provided in G.S. 143‑119.
(e) The lien thus established shall take priority over all otherliens subsequently acquired and shall continue from the date of filing untilsatisfied. No action to enforce such lien may be brought more than three yearsfrom the last date of filing of such lien nor more than three years after thedeath of any person admitted. The failure to bring such action or the failureof the Department to file said statement shall not be a complete bar againstrecovery but shall only extinguish the lien and priority established by it.
(f) Upon receipt of the full unpaid balance by the institutionor Department or upon agreement of compromise of such unpaid balance, theDepartment shall notify the clerks of superior court in the counties where thelien has been docketed that the unpaid balance has been paid, and the clerksshall cancel the lien of record.
(g) Notwithstanding the foregoing provisions, no such lien shallbe enforceable against any funds paid by the State to a person admitted afterjudgment or settlement of a claim for damages arising out of the negligentinjury of such person at any of the institutions during the life of personadmitted. Upon the death of the person admitted, any remaining proceeds of ajudgment or settlement under this subsection in the hands of the deceased shallbecome a general asset of the estate and subject to any lien of the State. (1967, c. 959; 1973, c. 476, s. 133; 1979, c. 978, s.1; 1985, c. 508, s. 11; 1997‑443, s. 11A.118(a).)
