All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.
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
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-
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 623 S.E.2d 79 (2005), vacating an order signed on 22 January 2004 by Judge Robert C. Ervin in Superior Court, Burke County, and remanding for further findings. Heard in the Supreme Court 18 April 2006.
Elam & Rousseaux, P.A., by Michael J. Rousseaux and William H. Elam, for plaintiff-appellee.
Roy Cooper, Attorney General, by Belinda A. Smith, Assistant Attorney General, and Gayl M. Manthei, Special Deputy Attorney General, for plaintiff- intervenor-appellant North Carolina Department of Health and Human Services, Division of Medical Assistance.
Christopher R. Nichols, Counsel for the North Carolina Academy of Trial Lawyers, amicus curiae.
For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed. This case isremanded 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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