(a)        An insurer that provides a health benefit plan as defined in N.C. Gen. Stat. § 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 N.C. Gen. Stat. 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 N.C. Gen. Stat. § 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 N.C. Gen. Stat. 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).)