A BILL TO BE ENTITLED
AN ACT to limit recovery of health care debts under the common law doctrine of necessaries.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 16 of Chapter 131E of the General Statutes is amended by adding a new section to read:
"§ 131E‑271.  Limitation on recovery against primary residence under the common law doctrine of necessaries.
A health care provider seeking to recover under the common law doctrine of necessaries for services provided to a person's deceased spouse but for which the provider has not been compensated under an insurance policy or from some other collateral source shall be limited in its recovery to an amount not exceeding the amount that would have been reimbursable if the services had been provided to the spouse under the State's Medical Assistance Program or the federal Medicare program, whichever is greater. The limitation under this section shall only apply to services that are reimbursable under the State's Medical Assistance Program or the federal Medicare program, or both. The defendant shall bear the burden of proving the amount that would have been reimbursable if the services at issue had been provided to the spouse under the State's Medical Assistance Program or the federal Medicare program."
SECTION 2.  This act is effective when it becomes law.