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In this Fourth Edition of the North Carolina Personal Injury Liens Manual, readers will find several original chapters completely re-written to reflect new state laws, including the ERISA and Medicare chapters. This 700+ page manual provides fingertip access to more than 35 sample forms, letters, and complaints, and includes dozens of practice tips and pointers. It also contains the text of relevant state and federal statutes, regulations, and case law.
Edited by Christopher R. Nichols, a leading personal injury attorney and NCAJ member, this comprehensive and user-friendly fourth edition is a bestselling publication that is intended to help simplify the complexity that characterizes personal injury liens, and to provide information you need to secure maximum net recovery for your clients.
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CHAPTER 1. MEDICAL PROVIDER LIENS
I. Background
II. Who May Claim a Lien?
III. Funds Encompassed by the Lien
IV. Requirements to "Perfect" the Lien
V. Notice Requirements
VI. Addressing the Lien
VII. Interaction with Other Liens
VIII. Assignments of Benefits v. Liens
IX. Miscellaneous Considerations
X. Appendix
CHAPTER 2. MEDICARE
I. Background
II. Who May Claim the Right of Recovery
III. Funds Encompassed by the Right of Recovery
IV. Notice Requirements
V. Requirements to Perfect the Right of Recovery
VI. Addressing the Right of Recovery
VII. Medicare Set-Asides - Workers' Compensation Claims
VIII. Interaction with Other Liens
IX. Ignoring the Right of Recovery
X. Miscellaneous
XI. Conclusion
XII. Appendix
CHAPTER 3. MEDICAID
I. Background
II. Funds Encompassed by the Right of Recovery
III. Notice Requirements
IV. Requirements to Perfect the Right of Reimbursement
V. Addressing the Right of Recovery
VI. Appendix
CHAPTER 4. TEACHERS' AND STATE EMPLOYEES' HEALTH PLAN (SEHP), COST PLUS PLANS, & NC HEALTH CHOICE PLAN
I. Legislative Background of SEHP Lien
II. Who May Claim The Right of Recovery
III. Funds Encompassed by the Right Of Recovery
IV. Notice Requirements
V. Requirements to Perfect the Right of Recovery
VI. Addressing the Right of Recovery
VII. Right of Recovery Calculation Examples
VIII. Interaction with Other Liens
IX. Ignoring the Right of Recovery
X. Cost Plus Plans of Subrogation
XI. NC Health Choice Plan Claims of Subrogation
XII. Appendix
CHAPTER 5. STATUS OF REIMBURSEMENT/LIEN CLAIMS OF ERISA COVERED SELF-INSURED HEALTH PLANS IN NORTH CAROLINA
I. Introduction
II. The Bottom Line
III. Ethical Obligations as an Officer of the Court
IV. A Guide for Dealing with the ERISA Reimbursement Claim
V. Litigation
VI. The ERISA Reimbursement Problem
VII. Conclusion
VIII. Appendix
CHAPTER 6. WORKERS'COMPENSATION LIENS AND THIRD-PARTY CLAIMS
I. Introduction
II. Jurisdictional Prerequisites
III. Procedural Guidelines
IV. Reducing a Workers' Compensation Lien vis-a-vis the UM Statute
V. UIM/LIEN Reduction Issues
VI. Conclusion
VII. Appendix
CHAPTER 7. TRICARE/VETERANS ADMINISTRATION/FEHBA
I. TRICARE
II. Veterans Administration
III. FEHBA Subrogation/Reimbursement Claims
IV. Appendix
CHAPTER 8. MEDICAID ESTATE RECOVERY PLAN
I. Overview
II. Authority
III. Who Are The Qualified Medicaid Recipients?
IV. Funds Encompassed By The Right Of Recovery
V. Medicaid Notice Requirements
VI. Waiver and Deferral
VII. Interaction With Other Liens
VIII. Conclusion
IX. Appendix
CHAPTER 9. CHILD SUPPORT LIENS
I. Background
II. Who May Claim the Lien
III. Funds Encompassed by the Lien
IV. Notice Requirements
V. Requirements to Perfect the Lien
VI. Addressing the Lien
VII. Lien Calculation Examples
VIII. Interaction with Other Liens and Claims
IX. Ignoring the Right of Recovery
X. Child Support Liens from Other States
XI. Appendix
CHAPTER 10. VOCATIONAL REHABILITATION INTERESTS
I. Background
II. Who May Claim the Interest
III. Funds Encompassed by the Interest
IV. Notice Requirements
V. Requirements to Perfect the Interest
VI. Addressing the Interest
VII. Calculation Examples
VIII. Interaction with Other Interests, Liens and Claims
IX. Ignoring the Right of Recovery
X. Appendix
CHAPTER 11. OUT-OF-STATE MEDICAL PROVIDER LIENS
I. Background
II. State by State
III. Practical Considerations
IV. Summary
V. Appendix
CHAPTER 12. ETHICS OF LIENS AND DISBURSEMENTS
I. History
II. Sources of Ethical Guidance
III. General Ethical Rules
IV. Specific Ethical Rules and Practice Points
V. Conclusion
VI. Appendix
INDEX
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