143-117. Institutions included. All persons admitted to the following institutions operated by the Department of Health and Human Services are required to pay the actual cost of their care, treatment, training, and maintenance at these institutions: regional psychiatric hospitals, special care centers, regional developmental centers, schools for children with serious emotional disturbances, and alcohol and […]
143-117.1. Definitions. The following definitions apply in this Article: (1) Care. – Care, treatment, training, maintenance, habilitation, and rehabilitation of a person admitted to institutions covered by this Article. (2) Department. – The Department of Health and Human Services. (3) Persons admitted. – Clients of regional psychiatric hospitals, State special care centers, regional developmental centers, […]
143-118. Secretary of Health and Human Services to fix cost and charges. (a) The Secretary shall determine and fix the actual cost of care to be paid by and for each person admitted to an institution. The Secretary is given full and final authority to fix a general rate of charge based on said actual […]
143-119. Payments. (a) The cost of care when fixed by the Secretary shall be paid by the person admitted or by the person legally responsible for payment. The payment of the cost of care constitutes a valid expenditure of funds held by a fiduciary of a person admitted, including Clerks of Court, and a receipt […]
143-121. Action to recover costs. (a) Immediately upon the fixing of the amount of actual cost, a cause of action shall accrue for the costs in favor of the State for the use of the institution in which the person admitted received care against the person admitted or person legally responsible for paying the costs. […]
143-121.1. Ratification of past acts. The past acts of the Secretary, boards of directors of the institutions and the North Carolina Hospital Board of Control in fixing the rate to be paid by persons admitted are hereby in every respect ratified and validated, and on all claims and causes of action now pending or which […]
143-122. No limitation of action. No statute of limitation shall apply to or constitute a defense to any cause of action asserted by the State under this Article and all statutes containing limitations which might apply to these actions are hereby repealed as to all such causes of action for costs previously incurred and now […]
143-123. Power to admit indigent persons. (a) This Article shall not be construed to limit the authority of the institutions to provide care to all indigent persons who are otherwise entitled to admission in any of the institutions. (b) If at any time any person admitted and determined to be indigent shall succeed to or […]
143-124. Suit by Attorney General; venue. At the request of the institution, all actions and suits shall be prosecuted by the Attorney General. The institution shall have the right to select the venue of the action. (1925, c. 120, s. 8; 1985, c. 508, s. 11.)
143-125. Judgment; never barred. Any judgment obtained by the State under this Article shall never be barred by any statute of limitation but shall to the extent unpaid continue in force; and, at the request of the Attorney General or the director of the institution, the clerk shall issue an execution. (1925, c. 120, s. […]
143-126. Death of a person admitted; lien on estate. (a) In the event of the death of person admitted, leaving any cost of care unpaid, then the unpaid cost shall constitute a lien on all property, both real and personal of the decedent and shall be payable from the decedent’s estate as a fourth class […]
143-126.1. Lien on property for unpaid balance due institution. (a) There is hereby created a general lien on both the real and personal property of any person admitted who is receiving or who has received care in any of the institutions operated by the Department of Health and Human Services to the extent of the […]
143-127. Money paid into State treasury. All money collected by any institution pursuant to this Article shall be by such institution paid into the State treasury, and shall be by the State Treasurer credited to the account of the institution collecting and turning the same into the treasury, and shall be paid out by warrants […]
143-127.1. Parental liability for payment of cost of care for long-term patients in Department of Health and Human Services facilities. (a) Notwithstanding the foregoing provisions of G.S. 143-117 through 143-127 inclusive, the natural or adoptive parents of persons who are non-Medicaid, long-term patients at facilities owned or operated by the Department of Health and Human […]
