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§40-6-9  Assignment and subrogation for recovery of child, spousal and medical support rights. [Effective October 1, 2016.]. –


Published: 2015

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TITLE 40

Human services

CHAPTER 40-6

Public Assistance Act

SECTION 40-6-9



   § 40-6-9  Assignment and subrogation for

recovery of child, spousal and medical support rights. [Effective October

1, 2016.]. –

(a) An applicant for or recipient of public assistance under this chapter or

under title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et

seq., for and on behalf of himself or herself and for and on behalf of a child

or children, shall be deemed, without the necessity of signing any document for

purposes of recovery, to have made an assignment and given a right of

subrogation to the executive office of health and human services and/or the

department of human services, as applicable, of any and all rights and

interests in any cause of action, past, present, or future, that the applicant

or recipient may have against any person failing to or obligated to provide for

the support, maintenance, and medical care of the applicant, recipient, and/or

minor child or children, for the period of time that assistance is being paid

by the executive office of health and human services and/or the department. The

executive office of health and human services and/or the department shall be

subrogated to any and all rights, title, and interest the applicant or

recipient may have against any and all property belonging to the obligated or

non-supporting person in the enforcement of any claim for child, spousal, and

medical support, whether liquidated through court order or not. The applicant

or recipient shall also be deemed, without the necessity of signing any

document, to have appointed the executive office of health and human services

and/or the department of human services as his or her true and lawful attorney

in fact to act in his or her name, place, and stead to perform the specific act

of instituting suit to establish paternity or secure support and medical care,

collecting any and all amounts due and owing for child, spousal, and medical

support, endorsing any and all drafts, checks, money orders, or other

negotiable instruments representing support payments which are received by

executive office of health and human services and/or the department, and

retaining any portion thereof permitted under federal and state statutes as

reimbursement for financial, medical and any other assistance previously paid

to or for the recipient, child, or children.



   (b) An applicant for or a recipient of medical assistance

provided by executive office of health and human services and/or the department

pursuant to this chapter or chapter 8 of this title or title XIX of the federal

Social Security Act, 42 U.S.C. § 1396 et seq., for and on behalf of

himself or herself, and for and on behalf of any other person for whom he or

she may legally assign rights to any medical support or any other medical care,

shall be deemed, without the necessity of signing any document for purposes of

reimbursement, to have made an assignment and given a right of subrogation to

executive office of health and human services and/or the department of human

services of any and all rights and interests that he, she, or such other person

may have: (1) to payment for any medical support; and (2) to any payment from

any third party that has a legal liability to pay for care and services

available and provided to the applicant or recipient. The executive office of

health and human services and/or the department of human services shall, in

accordance with this section and all applicable state and federal laws, be

entitled to any payments by a third party to recover costs from the full amount

of an applicant's or recipient's liability settlement(s). For this purpose, the

executive office of health and human services may place a lien against an

applicant's or recipient's liability settlement(s).



   (c) In addition to the assignments and subrogation rights

provided in subsections (a) and (b) of this section, an applicant for or a

recipient of financial assistance provided by the executive office of health

and human services and/or department pursuant to this chapter, whenever the

assistance is necessary by reason of accident, injury, or illness for which a

third party may be liable, for and on behalf of himself or herself, and for and

on behalf of any other person for whom he or she may legally act, shall be

deemed, without the necessity of signing any document, to have assigned and

subrogated to the executive office of health and human services and/or the

department of human services, from amounts recovered or recoverable from any

third party, an amount of money equal to the amount of financial assistance

provided as a result of the accident, illness, or injury.



   (d) With respect to an assignment and subrogation rights

established pursuant to this section, an applicant or recipient shall provide

to the executive office of health and human services and/or the department of

human services all relevant information regarding the assigned and subrogated

rights, and shall execute any documents relating thereto, in accordance with

rules and regulations to be adopted by the executive office of health and human

services and/or the department.



   (e) With respect to any assignment and subrogation rights for

medical or financial support or other recoveries under this section, the

executive office of health and human services and/or the department of human

services shall be considered to have acquired the rights of such individual to

payment by any third party for such medical care and support, financial support

and other recoveries.



   (f) An applicant for or a recipient of medical assistance

provided by the executive office of health and human services in accordance

with chapter 40-8 shall also be subject to the provisions of chapter 27-57.1.

Funds available to be paid for the payment of child support shall supersede any

payment made pursuant to this chapter and chapter 27-57.1.



   (g) The executive office of health and human services and/or

the department of human services shall, in accordance with this section and all

applicable state and federal laws, be entitled to any payments by a third party

to recover costs from the full amount of an applicant's or recipient's

liability settlement(s). For this purpose, the executive office of health and

human services may place a lien against an applicant's or recipient's liability

settlement(s). Nothing in these sections shall limit the executive office of

health and human services and/or the department of human services from

recovery, to the extent of the distribution, in accordance with all state and

federal laws.



History of Section.

(P.L. 1987, ch. 118, art. 13, § 2; P.L. 1995, ch. 99, § 2; P.L. 1996,

ch. 129, § 20; P.L. 1996, ch. 131, § 20; P.L. 1996, ch. 132, §

20; P.L. 1996, ch. 133, § 20; P.L. 2012, ch. 241, art. 11, § 4; P.L.

2014, ch. 145, art. 19, § 2.)