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.)