Payne v. State, Dept. of Human Resources

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 $15,000.00 to satisfy the lien. The trial court held that the Department was entitled to the entire amount of its lien, over $138,000.00.…