North Carolina § 58-50-57 - Offsets against provider reimbursement for workers' compensation payments forbidden.

§ 58-50-57. Offsets against provider reimbursement for workers' compensation payments forbidden.

An insurer that provides a health benefit plan as defined in G.S. 58-3-167 shall not offset or reverse a health plan payment against a provider reimbursement for other medical charges unless the health plan payment was for a specific medical charge for which the employee, employer, or carrier is liable or responsible according to a final adjudication of the claim under the Workers' Compensation Act, Article 1 of Chapter 97 of the General Statutes or an order of the North Carolina Industrial Commission approving a settlement agreement entered into under that Article. No contract between an insurer that provides a health benefit plan as defined in G.S. 58-3-167 and a medical provider shall contain a provision that authorizes the insurer to offset or reverse a health plan payment against a provider reimbursement for other medical charges unless the health plan payment was for a specific medical charge for which the employee, employer, or carrier is liable or responsible according to a final adjudication of the claim under the Workers' Compensation Act, Article 1 of Chapter 97 of the General Statutes or an order of the North Carolina Industrial Commission approving a settlement agreement entered into under that Article. History (2001-216, s. 5; 2001-487, s. 102(b).) Editor's Note. - Session Laws 2001-216, s. 6, provides: "The North Carolina Industrial Commission shall adopt any rules needed to implement this act." Session Laws 2001-216, s. 6.1, as added by Session Laws 2001-487, s. 102(a), contains a severability clause. §§ 58-50-58, 58-50-59: Reserved for future codification purposes.