State of North Carolina s177

STATE OF NORTH CAROLINA IN THE OFFICE OF

ADMINISTRATIVE HEARINGS

COUNTY OF CATAWBA 04 DHR 0594

JUDITH MARIE CARSON,
Petitioner,
v.
NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, BROUGHTON HOSPTIAL,
Respondent. / )
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ORDER ON SUMMARY JUDGMENT

Upon consideration of Respondent’s Motion for Summary Judgment filed September 14, 2004, the undersigned Administrative Law Judge hereby GRANTS the motion for the following reasons. Based upon the petition and the affidavit filed in this matter, the court makes the following:

FINDINGS OF FACT

1. Petitioner received necessary medical services from Respondent Broughton Hospital, a state facility, from July 26, 2001 to July 31, 2001; August 1, 2001 and August 5, 2001, for a total of 8 days.

2. The cost of care for one day of care at Respondent Broughton Hospital at that time was $393.00 per day. Petitioner’s total cost of care was $3,144.00. There has been one payment made by tax intercept for the year 2002 totaling $80.53. Petitioner now owes the Respondent $3,063.47.

3.  Petitioner was notified by letter dated and mailed March 3, 2004, that her 2003 income tax refund was sent to DHHS on this debt.

Based upon the foregoing Findings of Fact, the undersigned makes the following:

CONCLUSIONS OF LAW

1. Under N.C.G.S. §143-117, all persons admitted to and receiving care from a State facility are required to pay the actual cost of their care, treatment, training and maintenance.

2. Under N.C.G.S. §105A, the debt setoff Collection Act, Respondent DHHS must submit debts owed to it to the Department of Revenue for setoff if the amount is over $50.00.

WHEREFORE, based upon the foregoing Findings of Fact and Conclusions of Law, the undersigned issues the following:

DECISION

It is ORDERED and ADJUDGED, the RESPONDENT is GRANTED SUMMARY JUDGMENT. Petitioner owes Respondent the sum of $3,063.47 for the cost of her care at Broughton Hospital. Respondent will keep the tax refund and any future tax setoffs until the amount is paid in full.

ORDER

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714, in accordance with North Carolina General Statute 150B-36(b).

NOTICE

The decision of the Administrative Law Judge in this contested case will be reviewed by the agency making the final decision according to the standards found in G.S. 150B036(b)(b1) and (b2). The agency making the final decision is required to give each party an opportunity to file exceptions to the decision of the Administrative Law Judge and to present written argument to those in the agency who will make the final decision. G.S. 150B-36(a).

The agency that will make the final decision in this contested case is the North Carolina Department of Health and Human Services.

This the 5th day of October, 2004.

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Beecher R. Gray

Administrative Law Judge