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PAMMY AUSTIN EZELL AS GUARDIAN AD LITEM OF MICHELLE LYNN MORLAND, AND NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE, INTERVENOR V. GRACE HOSPITAL, INC., JOHN F. WHALLEY, M.D., AND MOUNTAIN VIEW PEDIATRICS, P.A.

Public Assistance — Medicaid lien — recipient's settlement with medical provider — amount of subrogation right

The decision of the Court of Appeals in this case is reversed for the reason stated in the dissenting opinion that the Division of Medical Assistance (DMA) is subrogated to the entire amount of plaintiff's $100,000 settlement with a pediatrician for medical malpractice pursuant to its statutory Medicaid lien for payments made on plaintiff's behalf, not just to the amount the DMA paid for medical treatment that corresponded to defendant pediatrician's alleged negligence. Therefore, the DMA is entitled to receive one-third of the $100,000 settlement as partial payment of its $86,540 Medicaid lien. N.C.G.S. § 108A-57(a).

PER CURIAM.

For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed. This case is remanded to the Court of Appeals for further remand to the trial court for further proceedings not inconsistent with this opinion.

REVERSED AND REMANDED.

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EZELL v. DEPT. OF HEALTH HUMAN SERVS
(Jun 30, 2006)