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Referral to the Attorney General's Office

Policy Area: Statewide Accounts Receivable Program

Effective Date: July 1, 1995

Authority: § 147-86.21 provides that the State Controller adopts statewide policies and procedures and that state agencies shall establish internal policies and procedures for the management and collection of accounts receivable consistent with statewide policies and procedures. § 147-86.11(e) (4) states: “Unpaid billings due to a state agency shall be turned over to the Attorney General for collection no more than 60 days after the due date of the billing, for institutions where applicable, amounts owed by all patients which are less than the federally established deductible applicable to Part A of the Medicare Program, and instead may handle these unpaid bills pursuant to agency debt collection procedures. § 147-86.11(e)(4a) states: “The University of North Carolina Health Care System may turn over to the Attorney general for collection accounts owed by patients.”

Policy: The Attorney General’s Office is the primary agency responsible for the provision of all legal services and advice related to the collection of accounts receivable. For detailed procedures regarding submission of past-due accounts, please contact the Attorney General’s Office or the appropriate legal counsel.

If, within the first 60 days, it is apparent that collection of an account will not be secured without legal assistance or that compromise of the claim is justified (i.e., a formal settlement is to be made by the Attorney General’s Office, with part of the debt paid and the remainder discharged), the account shall be forwarded immediately to the Attorney General’s Office or the appropriate agency legal counsel.

Where the agency has other procedures to secure payment (such as refusal to issue diplomas, refusal to issue licenses, or the ability to institute legal proceedings), it may elect to retain the file pending the results of such procedures.

Where the debtor is paying a debt in periodic payments satisfactory to the agency, the account may be retained beyond 90 days, until the account is satisfied.