2005 North Carolina Code - General Statutes § 58-50-57. Offsets against provider reimbursement for workers\' compensation payments forbidden.

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

(a)       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.

(b)       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. (2001‑216, s. 5; 2001‑487, s. 102(b).)