STATE OF NORTH CAROLINA IN THE OFFICE OF COUNTY OF WAYNE ADMINISTRATIVE HEARINGS 03 DHR 0571

GRACE AND GEORGE BROWNING ) Petitioners, ) ) v. ) AMENDED ) DECISION AND ORDER NORTH CAROLINA DEPARTMENT ) OF HEALTH AND HUMAN SERVICES, ) JOHN UMSTEAD HOSPITAL, ) Respondent. )

This petition for contested case was filed on April 10, 2003. This matter was heard by the undersigned Chief Administrative Law Judge on July 29, 2003 in Raleigh, North Carolina. Respondent presented one witness. Petitioner testified on her own behalf and called one other witness.

APPEARANCES

For Petitioner: Grace and George Browning, pro se

For Respondent: M. Janette Soles, Assistant Attorney General

ISSUE

Whether Petitioner was responsible for the medical expenses of their child while she was a patient at Respondent John Umstead Hospital.

Based upon the evidence presented, the undersigned makes the following:

FINDINGS OF FACT

1. Petitioners are the parents of Christina Danielle Browning.

2. Christina Danielle Browning was involuntarily committed to John Umstead Hospital on June 6, 2000, until June 15, 2000. The cost of care was $319.00 for 6 days of care totaling $1,914.00. However a compromise rate of $16.00 a day was given based on the ability to pay which meant the balance owed was $96.00.

1 3. Bills were sent to Petitioners at 3610 Bivins Road North, Hillsborough, North Carolina 27278, on July 2, 2000, August 2, 2000, September 2, 2000, and October 2, 2000. Petitioners claim that they never saw a bill until their other daughter told them about a bill. When no payment was made, full charges of $1,914.00 were assessed against Petitioners.

4. Petitioners contend that Christina Danielle Browning was fully covered under their insurance company, Blue Cross/Blue Shield, but John Umstead Hospital never billed them. However, according to the account history, Blue Cross/ Blue Shield told John Umstead Hospital on June 7, 2003 that it would have to review the claim with its doctor and get back to them about certification. On June 12, 2000, Blue Cross/Blue Shield denied the claim and no appeal was sought.

5. Petitioners want the return of their 2002 tax refund of $455.88 (03 DHR 0571) and their 2003 tax return of $418.79 (03 DHR 0285).

6. The matter relating to their 2002 tax refund has already been resolved in favor of Respondent. Petitioners filed a petition with the Office of Administrative Hearings on March 15, 2002 when Respondent took their state tax refund totaling $455.88. The hearing was continued from July 9, 2002, until August 30, 2002. The matter was continued again until October 3, 2002. Notice of the hearing was sent to Petitioners by certified mail and the green card was returned to the Office of Administrative Hearings signed by Petitioners. Upon the call of the case by Judge Wade at approximately 9:50 AM, Petitioners were not present. They did not notify Judge Wade or her assistant that they would not be present at the hearing. Petitioners had not spoken to Respondent’s attorney about their absence either. Therefore, Judge Wade made a final decision on October 14, 2002, dismissing the matter.

7. Since Respondent is entitled to keep Petitioners’ 2002 tax refund, the balance now owed on this account is $1,458.12.

CONCLUSIONS OF LAW:

1. The Office of Administrative Hearings has jurisdiction over the parties and subject matter of this contested case.

2. Under the doctrine of necessaries, as stated in the North Carolina Supreme Court case of Plott v. Plott, 313 N.C. 63, 326 S.E. 2d 863 (1985), Petitioners are responsible for the medical expenses incurred by their daughter Christina Danielle Browning while a patient at John Umstead Hospital.

3. Respondent is entitled to retain the full amount from their 2001 and 2002 state income tax refund and any future tax setoffs until the amount is paid in full.

2 DECISION

Based upon the foregoing Findings of Fact and Conclusions of Law, the undersigned determines that Respondent was entitled to offset Petitioner’s 2001 income tax refund of $455.88 and Petitioner’s 2002 income tax refund of $418.79, to offset the $1,818.00 debt Petitioners owed Respondent, and therefore, Respondent’s action in so doing should be AFFIRMED.

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, NC 27699-6714, in accordance with N.C. Gen. Stat. § 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. 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 3 rd day of October, 2003.

Julian Mann III Chief Administrative Law Judge

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