North Carolina Department of Human Resources v. Weaver

EAGLES, Judge.

Plaintiff argues that the trial court erred by denying plaintiff’s motions regarding the interpretation of G.S. 108A-57 because plaintiff contends that G.S. 108A-57 limits attorney’s fees for private attorneys recovering from a third party on behalf of a medicaid beneficiary to one-third of the gross recovery. We disagree with plaintiff’s construction of the statute and affirm.

When a person accepts medical assistance through the Department of Human Resources, Division of Medical Assistance, the person assigns to the State the right to any third party benefits the person may…