NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

CHAPTER 978

HOUSE BILL 1252

AN ACT TO EXEMPT TORT CLAIMS ACT DAMAGES FROM THE LIEN CREATED FOR MEDICAL CARE BY STATE INSTITUTIONS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 143-126.1 is hereby amended by adding a new subsection thereto to read as follows:

"(g)       Notwithstanding the foregoing provisions, no such lien shall be enforceable against any funds paid by the State to a patient after judgment or settlement of a claim for damages arising out of the negligent injury of such patient at any of the State institutions listed in G.S. 143-117 during the life of such patient. Upon the death of the patient, any remaining proceeds of a judgment or settlement under this subsection in the hands of the deceased patient shall become a general asset of the estate and subject to any lien of the State."

Sec. 2.  This act shall become effective upon ratification and shall apply to claims which have not been paid by the State on the effective date.

In the General Assembly read three times and ratified, this the 8th day of June, 1979.