State Codes and Statutes

Statutes > North-carolina > Chapter_143 > GS_143-547

§ 143‑547. Subrogation rights; withholding of information a misdemeanor.

(a)        Notwithstanding any other provisions of law, to the extentof payments under this Article, the State Vocational Rehabilitation programshall be subrogated to all rights of recovery, contractual or otherwise, of thebeneficiary of the assistance, or his personal representative, his heirs, orthe administrator or executor of his estate, against any person; provided,however, that any attorney retained by the beneficiary of the assistance shallbe compensated for his services in accordance with the following schedule andin the following order of priority from any amount obtained on behalf of thebeneficiary by settlement with, judgment against, or otherwise from a thirdparty by reason of such injury or death:

(1)        First to the payment of any court costs taxed by thejudgment;

(2)        Second to the payment of the fee of the attorneyrepresenting the beneficiary making the settlement or obtaining the judgment,but this fee shall not exceed one‑third of the amount obtained orrecovered to which the right of subrogation applies;

(3)        Third to the payment of the amount of assistance received bythe beneficiary as prorated with other claims against the amount obtained orreceived from the third party to which the right of subrogation applies, butthe amount shall not exceed one‑third of the amount obtained or recoveredto which the right of subrogation applies; and

(4)        Fourth to the payment of any amount remaining to thebeneficiary or his personal representative.

TheUnited States and the State of North Carolina shall be entitled to shares ineach net recovery under this section.  Their shares shall be promptly paidunder this section and their proportionate parts of such sum shall bedetermined in accordance with the matching formulas in use during the periodfor which assistance was paid to the recipient.

(b)        In furnishing a person rehabilitation services, includingmedical case services under this Chapter, the Division of VocationalRehabilitation Services is subrogated to the person's right of recovery from:

(1)        Personal insurance;

(2)        Worker's Compensation;

(3)        Any other person or personal injury caused by the otherperson's negligence or wrongdoing; or

(4)        Any other source.

(c)        The Division of Vocational Rehabilitation Services' right tosubrogation is limited to the cost of the rehabilitation services provided byor through the Division for which a financial needs test is a condition of theservice provisions.  Those services that are provided without a financial needstest are excluded from these subrogation rights.

(d)        The Division of Vocational Rehabilitation Services maytotally or partially waive subrogation rights when the Division finds thatenforcement would tend to defeat the client's process of rehabilitation or whenclient assets can be used to offset additional Division costs.

(e)        The Division of Vocational Rehabilitation Services may adoptrules for the enforcement of its rights of subrogation.

(f)         It is a Class 1 misdemeanor for a person seeking or havingobtained assistance under this Part for himself or another to willfully fail todisclose to the Division of Vocational Rehabilitation Services or its attorneythe identity of any person or organization against whom the recipient ofassistance has a right of recovery, contractual or otherwise. (1989, c. 552; 1993, c. 539, s. 1036; 1994, Ex. Sess.,c. 24, s. 14(c).)

State Codes and Statutes

Statutes > North-carolina > Chapter_143 > GS_143-547

§ 143‑547. Subrogation rights; withholding of information a misdemeanor.

(a)        Notwithstanding any other provisions of law, to the extentof payments under this Article, the State Vocational Rehabilitation programshall be subrogated to all rights of recovery, contractual or otherwise, of thebeneficiary of the assistance, or his personal representative, his heirs, orthe administrator or executor of his estate, against any person; provided,however, that any attorney retained by the beneficiary of the assistance shallbe compensated for his services in accordance with the following schedule andin the following order of priority from any amount obtained on behalf of thebeneficiary by settlement with, judgment against, or otherwise from a thirdparty by reason of such injury or death:

(1)        First to the payment of any court costs taxed by thejudgment;

(2)        Second to the payment of the fee of the attorneyrepresenting the beneficiary making the settlement or obtaining the judgment,but this fee shall not exceed one‑third of the amount obtained orrecovered to which the right of subrogation applies;

(3)        Third to the payment of the amount of assistance received bythe beneficiary as prorated with other claims against the amount obtained orreceived from the third party to which the right of subrogation applies, butthe amount shall not exceed one‑third of the amount obtained or recoveredto which the right of subrogation applies; and

(4)        Fourth to the payment of any amount remaining to thebeneficiary or his personal representative.

TheUnited States and the State of North Carolina shall be entitled to shares ineach net recovery under this section.  Their shares shall be promptly paidunder this section and their proportionate parts of such sum shall bedetermined in accordance with the matching formulas in use during the periodfor which assistance was paid to the recipient.

(b)        In furnishing a person rehabilitation services, includingmedical case services under this Chapter, the Division of VocationalRehabilitation Services is subrogated to the person's right of recovery from:

(1)        Personal insurance;

(2)        Worker's Compensation;

(3)        Any other person or personal injury caused by the otherperson's negligence or wrongdoing; or

(4)        Any other source.

(c)        The Division of Vocational Rehabilitation Services' right tosubrogation is limited to the cost of the rehabilitation services provided byor through the Division for which a financial needs test is a condition of theservice provisions.  Those services that are provided without a financial needstest are excluded from these subrogation rights.

(d)        The Division of Vocational Rehabilitation Services maytotally or partially waive subrogation rights when the Division finds thatenforcement would tend to defeat the client's process of rehabilitation or whenclient assets can be used to offset additional Division costs.

(e)        The Division of Vocational Rehabilitation Services may adoptrules for the enforcement of its rights of subrogation.

(f)         It is a Class 1 misdemeanor for a person seeking or havingobtained assistance under this Part for himself or another to willfully fail todisclose to the Division of Vocational Rehabilitation Services or its attorneythe identity of any person or organization against whom the recipient ofassistance has a right of recovery, contractual or otherwise. (1989, c. 552; 1993, c. 539, s. 1036; 1994, Ex. Sess.,c. 24, s. 14(c).)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143 > GS_143-547

§ 143‑547. Subrogation rights; withholding of information a misdemeanor.

(a)        Notwithstanding any other provisions of law, to the extentof payments under this Article, the State Vocational Rehabilitation programshall be subrogated to all rights of recovery, contractual or otherwise, of thebeneficiary of the assistance, or his personal representative, his heirs, orthe administrator or executor of his estate, against any person; provided,however, that any attorney retained by the beneficiary of the assistance shallbe compensated for his services in accordance with the following schedule andin the following order of priority from any amount obtained on behalf of thebeneficiary by settlement with, judgment against, or otherwise from a thirdparty by reason of such injury or death:

(1)        First to the payment of any court costs taxed by thejudgment;

(2)        Second to the payment of the fee of the attorneyrepresenting the beneficiary making the settlement or obtaining the judgment,but this fee shall not exceed one‑third of the amount obtained orrecovered to which the right of subrogation applies;

(3)        Third to the payment of the amount of assistance received bythe beneficiary as prorated with other claims against the amount obtained orreceived from the third party to which the right of subrogation applies, butthe amount shall not exceed one‑third of the amount obtained or recoveredto which the right of subrogation applies; and

(4)        Fourth to the payment of any amount remaining to thebeneficiary or his personal representative.

TheUnited States and the State of North Carolina shall be entitled to shares ineach net recovery under this section.  Their shares shall be promptly paidunder this section and their proportionate parts of such sum shall bedetermined in accordance with the matching formulas in use during the periodfor which assistance was paid to the recipient.

(b)        In furnishing a person rehabilitation services, includingmedical case services under this Chapter, the Division of VocationalRehabilitation Services is subrogated to the person's right of recovery from:

(1)        Personal insurance;

(2)        Worker's Compensation;

(3)        Any other person or personal injury caused by the otherperson's negligence or wrongdoing; or

(4)        Any other source.

(c)        The Division of Vocational Rehabilitation Services' right tosubrogation is limited to the cost of the rehabilitation services provided byor through the Division for which a financial needs test is a condition of theservice provisions.  Those services that are provided without a financial needstest are excluded from these subrogation rights.

(d)        The Division of Vocational Rehabilitation Services maytotally or partially waive subrogation rights when the Division finds thatenforcement would tend to defeat the client's process of rehabilitation or whenclient assets can be used to offset additional Division costs.

(e)        The Division of Vocational Rehabilitation Services may adoptrules for the enforcement of its rights of subrogation.

(f)         It is a Class 1 misdemeanor for a person seeking or havingobtained assistance under this Part for himself or another to willfully fail todisclose to the Division of Vocational Rehabilitation Services or its attorneythe identity of any person or organization against whom the recipient ofassistance has a right of recovery, contractual or otherwise. (1989, c. 552; 1993, c. 539, s. 1036; 1994, Ex. Sess.,c. 24, s. 14(c).)