2012 Vermont Statutes
Title 33 Human Services
Chapter 19 MEDICAL ASSISTANCE
§ 1908 Medicaid; payer of last resort; release of information

§ 1908. Medicaid; payer of last resort; release of information

(a) Any clause in an insurance contract, plan or agreement which limits or excludes payments to a recipient is void.

(b) Medicaid shall be the payer of last resort to any insurer which contracts to pay health care costs for a recipient.

(c) Every applicant for or recipient of Medicaid under this subchapter is deemed to have authorized all third parties to release to the agency all information needed by the agency to secure or enforce its rights under this subchapter. The agency shall inform an applicant or recipient of the provisions of this subsection at the time of application for Medicaid benefits.

(d) At the agency's request, an insurer shall provide the agency with the information necessary to determine whether an applicant or recipient of Medicaid under this subchapter is or was covered by the insurer and the nature of the coverage, including the member, subscriber, or policyholder information necessary to determine third party liability and other information required under 18 V.S.A. § 9410(h). The agency may require the insurer to provide the information electronically.

(e) From funds recovered pursuant to this subchapter, the federal government shall be paid a portion equal to the proportionate share originally provided by the federal government to pay for medical assistance to a recipient or minor. (Added 1995, No. 152 (Adj. Sess.), § 2; amended 2007, No. 65, § 110c.)