2006 New York Code - Insurance Subrogation.

 
    §  2525.  Insurance  subrogation.   1. Upon acceptance into a prenatal
  care assistance program established pursuant  to  section  two  thousand
  five  hundred  twenty-two of this title or section seven of the Prenatal
  Care Act of  1987,  an  eligible  service  recipient  shall  advise  the
  prenatal  care  service  provider,  the  department  of  health  or  the
  organization administering the pilot programs, of any individual,  group
  or  blanket  accident  and  health  insurance  policy under which she is
  covered.
    2. The private health insurance covering an eligible service recipient
  or an eligible woman participating in a prenatal care program or a pilot
  program, shall be used before any funds are expended from state funds.
    (a) The commissioner or his  designee  shall  be  subrogated,  to  the
  extent  of  expenditures for services provided to the recipient pursuant
  to a prenatal care assistance program or pursuant to a pilot program, to
  any rights such recipient may have to medical  support  or  third  party
  reimbursement.    For purposes of this section, the term medical support
  shall mean the right to support for the purpose of  medical  care  by  a
  court  order  or  an administrative order. The right of subrogation does
  not attach to insurance benefits  paid  or  provided  under  any  health
  insurance  policy prior to the receipt of written notice of the exercise
  of such subrogation rights by the carrier. No right  of  subrogation  to
  insurance  benefits available under any health insurance policy shall be
  enforceable unless written notice of the exercise  of  such  subrogation
  right is received by the carrier within two years from the date services
  for  which  benefits  are  provided  under  the  policy  or contract are
  rendered. The commissioner or his designee shall also notify the carrier
  when the exercise of subrogation rights has terminated because a  person
  is  no  longer  receiving  program  services under this title or a pilot
  program.  Such  carrier  shall  establish  mechanisms  to  maintain  the
  confidentiality  of all individually identifiable information or records
  for the specific purpose for which such disclosure is  made,  and  shall
  not further disclose such information or records.
    (b)  Nothwithstanding  any  inconsistent provisions of this chapter or
  any other law to the contrary, no employer or  organization  who  has  a
  plan  providing  care and other medical benefits for persons, whether by
  insurance  or  otherwide,  shall  exclude  a  person  from  eligibility,
  coverage  or  entitlement  to  benefits under such plan by reason of the
  eligibility of such person for services under  this  title  or  under  a
  pilot  program,  or by reason of the fact that such person would, except
  for such plan, be eligible for services under  this  title  or  under  a
  pilot program. Where an eligible recipient has health insurance in force
  covering  care  and  other medical benefits provided under this title or
  under a pilot program, payment or part-payment of the premium  for  such
  insurance  may  also  be  made  by the commissioner or his designee when
  deemed  appropriate  pursuant  to   regulations   promulgated   by   the
  commissioner.