2014 Kentucky Revised Statutes CHAPTER 205 - PUBLIC ASSISTANCE AND MEDICAL ASSISTANCE 205.624 Assignment to cabinet by recipient of rights to third-party payments -- Right of recovery by cabinet.
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205.624 Assignment to cabinet by recipient of rights to third-party payments
-- Right of recovery by cabinet.
(1)
(2)
An applicant or recipient shall be deemed to have made to the cabinet an
assignment of his rights to third-party payments to the extent of medical
assistance paid on behalf of the recipient under Title XIX of the Social Security
Act. The applicant or recipient shall be informed in writing by the cabinet of
such assignment.
The cabinet shall have the right of recovery which a recipient may have for the
cost of hospitalization, pharmaceutical services, physician services, nursing
services, and other medical services not to exceed the amount of funds
expended by the cabinet for such care and treatment of the recipient under the
provisions of Title XIX of the Social Security Act.
(a) If a payment for medical assistance is made, the cabinet, to enforce its
right, may:
1.
Intervene or join in an action or proceeding brought by the injured,
diseased, or disabled person, the person's guardian, personal
representative, estate, dependents, or survivors against a third party
who may be liable for the injury, disease, or disability, or against
contractors, public or private, who may be liable to pay or provide
medical care and services rendered to an injured, diseased, or
disabled recipient, in state or federal court; or
2.
Institute and prosecute legal proceedings against a third party who
may be liable for the injury, disease, or disability, or against
contractors, public or private, who may be liable to pay or provide
medical care and services rendered to an injured, diseased, or
disabled recipient, in state or federal court, either alone or in
conjunction with the injured, diseased, or disabled person, the
person's guardian, personal representative, estate, dependents, or
survivors; or
3.
Institute the proceedings in its own name or in the name of the
injured, diseased, or disabled person, the person's guardian,
personal representative, estate, dependents, or survivors.
(b) The injured, diseased, or disabled person may proceed in his own name,
collecting costs without the necessity of joining the cabinet or the
Commonwealth as a named party, provided the injured, diseased, or
disabled person shall notify the cabinet of the action or proceeding
entered into upon commencement of the action or proceeding. The
injured, diseased, or disabled person must notify the cabinet of any
settlement or judgment of his or her claim.
(c) In the case of an applicant for or recipient of medical assistance whose
eligibility is based on deprivation of parental care or support due to
absence of a parent from the home, the cabinet may:
1.
Initiate a civil action or other legal proceedings to secure repayment
of medical assistance expenditures for which the absent parent is
liable; and
2.
Provide for the payment of reasonable administrative costs incurred
(3)
by such other state or county agency requested by the cabinet to
assist in the enforcement of securing repayment from the absent
parent.
Each insurer issuing policies or contracts under Subtitle 17, 18, 32, or 38 of
KRS Chapter 304 shall cooperate fully with the Cabinet for Health and Family
Services or an authorized designee of the cabinet in order for the cabinet to
comply with the provisions of subsection (1) of this section.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 247, effective June 20, 2005. -Amended 1998 Ky. Acts ch. 426, sec. 205, effective July 15, 1998. -- Amended
1994 Ky. Acts ch. 96, sec. 18, effective July 15, 1994; and ch. 316, sec. 18,
effective July 15, 1994. -- Created 1980 Ky. Acts ch. 252, sec. 4, effective July
15, 1980.
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