STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF GASTON 02 DHR 0340
DONNA R. ANDERSON, )
Petitioner, )
)
v. ) DECISION
) SUMMARY JUDGMENT
NORTH CAROLINA DEPARTMENT ) FOR RESPONDENT
OF HEALTH AND HUMAN SERVICES, )
BROUGHTON HOSPITAL, )
Respondent. )
Upon consideration of Respondent’s Motion for Summary Judgment pursuant to N.C. Gen. Stat. § 1A-1, Rule 56, 26 NCAC 3.0115, NC. Gen. Stat. § 105A-1 et seq., and the fact of Petitioner’s failure to respond thereto, the undersigned hereby GRANTS Respondent’s Motion as follows:
FINDINGS OF FACT
1. Petitioner received necessary medical services from Respondent Broughton Hospital from 15 December 1996 to 31 December, 1996. Broughton Hospital is a regional psychiatric hospital.
2. The cost of care for one day of care at Respondent Broughton Hospital at that time was $281.00 per day. Petitioner’s cost of care was $3,372.00.
3. Petitioner owes Respondent Broughton Hospital the sum of $3,372 for service received. Petitioner has paid nothing on this debt.
4. Respondent intercepted $552.88 from Petitioner’s 2001 tax year refund. Petitioner now therefore owes Respondent the sum of $2819.12.
5. On March 5, 2002, Petitioner filed a petition for a contested case with the Office of Administrative Hearings contesting Respondent’s interception of Petitioner’s 2001 income tax refund as payment of this debt.
6. On June 18, 2002, Respondent filed a Motion for Summary Judgment.
7. Petitioner did not respond to the Motion for Summary Judgment.
CONCLUSIONS OF LAW
1. Pursuant to N.C. Gen. Stat. § 1A-1, Rule 56, NC. Gen. Stat. § 105A-1 et seq., 26 NCAC 3.0115, the undersigned has authority to grant Summary Judgment.
2. Chapter 105 A of the North Carolina General Statutes authorizes Respondent to claim all or a portion of an individual’s North Carolina income tax refund to satisfy all or a portion of a debt owed to it by such individual.
3. N.C. Gen. Stat. § 142-117 provides that all persons admitted to certain State facilities, including regional psychiatric hospitals, are required to pay the actual cost of their care and treatment at that facility.
4. Pursuant to N.C. Gen. Stat. § 150A-8, “a decision made after a hearing under this section must determine whether a debt is owed to the State agency and the amount of the debt.”
5. Respondent has proven the requirements of N.C. Gen. Stat. § 150A-8 that a debt was owed to the Respondent agency in the amount of $ 2819.12.
6. Petitioner has failed to prove that another person or entity agreed to pay or is obligated to pay the cost of Petitioner’s treatment at issue in this case.
7. No genuine issue of material fact remains in this case, and the movant is entitled to judgment as a matter of law.
DECISION
As there is no genuine issue of material fact in this case, and the movant is entitled to judgment as a matter of law, the undersigned hereby GRANTS Summary Judgment for the Respondent.
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 the North Carolina General Statute 150B-36(b).
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. 150B-36(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 Department of Health and Human Services (DHHS) will make the Final Decision in this contested case.
This the 1st day of August, 2002.
Beecher R. Gray
Administrative Law Judge
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