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PAYNE v. STATE, DEPT. OF HUMAN RESOURCES

No. COA96-745.

486 S.E.2d 469 (1997)

Edward J. PAYNE, by his Guardian Ad Litem, S. Mark RABIL, and Wavie Mae Payne, Plaintiffs, v. STATE of North Carolina, DEPARTMENT OF HUMAN RESOURCES, DIVISION OF MEDICAL ASSISTANCE, Intervenor-Plaintiff, v. REEVES COMMUNITY CENTER OF MOUNT AIRY, INC., a non-profit Corporation, Defendant.

Court of Appeals of North Carolina.

July 1, 1997.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Special Deputy Attorney General Robert J. Blum and Assistant Attorney General Elizabeth L. Oxley, for the State, intervenor-plaintiff appellee.

Jessup & Probst by Debra Ragin Jessup, Winston-Salem, for plaintiffs-appellants.

COZORT, Judge.

Plaintiff settled a personal injury action with defendant pool owner for $1 million. At the time of settlement, intervenor North Carolina Department of Human Resources, Division of Medical Assistance, had paid over $138,000.00, through the Medicaid program, for plaintiff's medical expenses. The Department imposed a lien on the settlement proceeds for the full amount of medical expenses, while plaintiff's attorney proposed paying the Department $15,000...

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