Help Us Pass the "North Carolina Medical Protection Act"


States like Florida, Iowa, Kansas, Oklahoma, Texas, Massachusetts, Minnesota, Nevada, Rhode Island, Arizona, California, Montana, New Hampshire, and many others have already passed legislation to comprehensively protect their citizens from hospitals and medical providers who would otherwise be able to seize a patient's primary residence by means of settling medical debt. Many of these states have adopted laws that offer unlimited protection for their citizens' primary residences with no cap on the value of the exempted property. The residents of North Carolina are not only NOT protected by such legislation (even in the event of bankruptcy), but our state legislature has very unique laws in place that specifically entitle our state hospital to seize a patient's home for unpaid medical bills. North Carolina law only protects $18,500.00 of the value of any given residence for an unmarried homeowner and $37,000.00 of the value of any given residence of married homeowners. It would be difficult to replace a 1/4 acre lot in many parts of North Carolina for this amount, much less a home. We believe that our legislators need to enact a law that would comprehensively protect our citizens' primary residence from such seizure. Further, we believe that current North Carolina law violates our citizens' basic housing rights.


WHAT IS THE PURPOSE OF THE NORTH CAROLINA MEDICAL PROTECTION ACT?


The MEDICAL PROTECTION ACT is intended to protect a citizen's primary residence against liens or seizures by hospitals or medical providers as a result of medical bills that are not covered by insurance companies and for which the citizen has no other means to pay--as in the case of Jerry Ansley who lives on $800.00 per month from Social Security Disability Benefits.

Most of us who are covered by health insurance policies have a cap on our insurance coverage. Normally, that cap is $1,000,000 or less. What began as a mosquito bite for Jerry Ansley--a retired North Carolina school teacher and licensed North Carolina building contractor--turned into a 2.5 million dollar illness for which his insurance covered only a small percentage. Jerry's pharmacy bill exceeded $563,000.00 in the first 33 days of his treatment at UNC Hospital. In less than six months, his bills from three different hospitals accrued to $2,500,000.00--no amount of health insurance would have settled such a debt.

This means that if you are uninsured, between jobs, underinsured, or even well-insured--in the event of a catastrophic injury or illness in the state of North Carolina--you, too, could lose your home!!!

Don't think it could happen to you?

Read Jerry Ansley's story in the Raleigh News and Observer and the Clayton News-Star by visiting the websites listed below.


WHAT SPECIFICALLY ARE WE PROPOSING?


We are proposing that the North Carolina General Assembly pass a Comprehensive "Medical Protection Act" specifically to protect each citizen's primary residence against lien placement or seizure by hospitals or medical providers by means of settling medical debt. We are NOT proposing that the Medical Protection Act be tied in any way to our current Homestead Exemption laws, nor should the Medical Protection Act amend North Carolina's current tax structure or alleviate a homeowner of their obligation to pay property taxes.


WHY IS THIS SO IMPORTANT?


We believe that someone entering a North Carolina hospital should have the comfort of knowing that, regardless of the outcome, they will still have their home to return to. We believe that a person who has survived a catastrophic illness or injury should spend their time and efforts on rehab and recovery. We believe that widows and widowers who lose a spouse following a catastrophic illness or injury should be able to keep their home if the death of their loved one left them with medical bills they are unable to pay. People who have endured such physical and emotional hardship should not have to endure the continued emotional torture of litigation, liens, forced sale and the loss of the one thing most of us have worked our entire lives to pay for--our HOME.

WHY FIGHT A LIEN?

Opponents to the NC Medical Protection Act would have you believe that a medical lien would not put you out of your home. However, North Carolina law not only allows hospitals and medical providers to sue for medical bills--it also allows medical providers to seek a judgment against your home PLUS interest PLUS legal fees. Opponents would have you believe that you can live comfortably in your home with a lien in place for the duration of your years. What they don't want you to know is that a lien is step ONE. According to Raleigh bankruptcy attorney, William Brewer, "a judgment lien puts the debtor's residence in jeopardy of being sold to pay the debt." Step TWO is an execution sale. Under current North Carolina Law--Article 29B, Chapter One of North Carolina General Statutes--a judgment creditor has the right to sell a debtor's real estate to collect its judgment. Even if the medical provider decided against forcing you into an execution sale for fear of "bad publicity", a lien would prevent you from ever having the choice to move or to mortgage or reverse mortgage your home in order to subsidize what little income you may have following a catastrophic injury or illness that takes away your ability to work. If you or a family member has become permanently disabled because of a medical crisis, you may be forced, as in the case of Jerry Ansley, to live on $800.00 per month in Social Security Disability Benefits. If a person who suffered a life-altering catastrophic injury or illness cannot make their tax burden, North Carolina law allows the County to force the sale of the home in order to pay the taxes. North Carolina law would leave such a homeowner with $18,500.00 if he or she was unmarried and $37,000.00 if he or she was married. Incidentally, if such a homeowner were to acquire the exempted $18,500.00 or $37,000.00 from the forced sale of their home and he or she were also a Medicaid recipient--that individual would not only be homeless--they would lose their access to health care under North Carolina Medicaid--as this exemption amount exceeds the Medicaid rules. You would have to use up your exemption money on medical bills and living expenses and then reapply. Within a very short time, such an individual would be FORCED to become dependent on the State for long term public housing or public housing assistance. Essentially, if our legislature refuses to adopt the North Carolina Medical Protection Act, as health care costs continue to rise, more and more people will be forced out of their homes and will become dependent on the State to meet their basic housing needs.


HOW YOU CAN HELP:

Click here and sign the petition!!!!!

http://www.gopetition.com/online/9685.html



Contact the Ansley Family by e-mail:

nchomestead@gmail.com


PERSONAL UPDATE:

New Info: Several follow-up pieces have been done on the Ansley Family and their legislative efforts on behalf of the NCMPA.

You can read the articles at:

http://www.newsobserver.com/102/story/489879.html

http://www.claytonnews-star.com/news/2006092702347.html

http://www.newsobserver.com/722/story/535522.html

http://triangle.bizjournals.com/triangle/stories/2007/04/09/story1.html?page=2&b=1176091200%5E1443701Triangle Business Journal, ( April 6, 2007)

After more than a year of battling UNC Hospital for the priviledge of being able to keep his home, Jerry Ansley received word via the State Attorney General's Office on September 22, 2006 that UNC Hospital withdrew the lawsuit. The family of Jerry Ansley is now focusing their efforts on his physical rehabilitation and on passing the "Medical Protection Act" in North Carolina that will prevent UNC Hospital and other hospitals and medical providers from filing future lawsuits against other North Carolina homeowners.

The family of Jerry Ansley and other families like his thank you for your effort in supporting the Medical Protection Act. Together, we can change the laws of North Carolina to protect our citizens from the risk of double jeopardy--losing both health and home.

VOTER INFORMATION:

Legislators who have been contacted and their position on legislation that would protect YOUR home: updated 04/27/2007

Representative Leo Daughtry, Johnston County: OPPOSES

Representative James Langdon, Johnston County: UNDECIDED, leaning toward OPPOSING

Senator Fred Smith, Johnston County: UNDECIDED, leaning toward OPPOSING

Johnston County Democratic Party: Unanimously Supports: Resolution supporting the NC Medical Protection Act passed April 19, 2007 at the Johnston County Democratic Convention