§ 20-77-315 — Distribution of proceeds from third-party settlement, judgment, or award or from other third-party payment

(a) The Department of Human Services is entitled to reimbursement for past medical assistance payments from that portion of a third-party settlement, judgment, or award or from any other third-party payment that compensates for the medical expenses. (b) The department is entitled to receive the full amount of its medical assistance claim under this subchapter unless the portion of the third-party settlement, judgment, or award or other third-party payment that compensates for the medical expenses is less than the full amount of the department's medical assistance claim. (c) The department's claim for medical assistance payments under this subchapter has priority over any claim by a medical care provider. (d) The department's rights under this subchapter are not extinguished by any right possessed, asserted or not asserted, by a medical assistance recipient or other person.

Legislative History

Amended by Act 2013, No. 1132,§ 49, eff. 8/16/2013. Acts 2011, No. 746, § 1.