GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 895

Short Title:  Clarify Medical Services Lien.	(Public)
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Sponsors: Senator Daniel.
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Referred to:  Judiciary I.
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April 17, 1989

A BILL TO BE ENTITLED
AN ACT TO CLARIFY THE ENFORCEABILITY OF VOLUNTARY ASSIGNMENT OF PROCEEDS OF PERSONAL INJURY RECOVERIES FOR RELATED MEDICAL SERVICES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 44-50 reads as rewritten:
"§ 44-50. Receiving person charged with duty of retaining funds for purpose stated; evidence; attorney's fees; charges.
Such a lien as provided for in G.S. 44-49 shall also attach upon all funds paid to any person in compensation for or settlement of the said injuries, whether in litigation or otherwise; and it shall be the duty of any person receiving the same before disbursement thereof to retain out of any recovery or any compensation so received a sufficient amount to pay the just and bona fide claims for such drugs, medical supplies, ambulance service and medical attention and/or hospital service, after having received and accepted notice thereof: Provided, that evidence as to the amount of such charges shall be competent in the trial of any such action: Provided, further, that nothing herein contained shall be construed so as to interfere with any amount due for attorney's services: Provided, further, that the lien hereinbefore provided for shall in no case, exclusive of attorneys' fees, exceed fifty percent (50%) of the amount of damages recovered.  Provided, further, that nothing shall limit in any way the enforceability of a voluntary assignment of the proceeds of a personal injury recovery, exclusive of attorneys' fees and court costs, to pay for medical services received as a consequence of the personal injury to which the recovery relates."
Sec. 2.  This act shall become effective October 1, 1989, and shall apply to injuries occurring on or after that date.