12-962. Recovery of cost of medical
care
A. If this state or any of its political subdivisions provides medical care and
treatment to a person who is injured or suffers from a disease under circumstances
creating tort liability upon a third person, the state or political subdivision, either
jointly or severally, may recover from the third person or the injured or diseased person
the reasonable value of the medical care and treatment. To the extent of this right,
this state or a political subdivision is subrogated to the injured or diseased person or
the person's guardian, personal representative, estate, dependents or survivors with
reference to any right or claim they might have against the third person. The head of
the department or agency furnishing the medical care or treatment may require the injured
or diseased person or the person's guardian, personal representative, estate, dependents
or survivors to assign the claim or cause of action against the third person to the
extent of the reasonable value of the medical care or treatment.
B. To enforce this right, the state or political subdivision may do the following:
1. Intervene or join in any action or proceeding brought by the injured or diseased
person or the person's guardian, personal representative, estate, dependents or survivors
against the third person who is liable for the injury or disease.
2. If an action or proceeding is not brought by the injured or diseased person, or
the person's guardian, personal representative, estate, dependents or survivors within
six months after the first day on which the medical care and treatment were furnished,
institute and prosecute legal proceedings against the third person who is liable for the
injury or disease for which the medical care and treatment were furnished. The action or
proceeding may be brought in state or federal court, either in the name of the state or
political subdivision, or in the name of the injured or diseased person or the person's
guardian, personal representative, estate, dependents or survivors, or in conjunction
with the injured or diseased person or the person's guardian, personal representative,
estate, dependents or survivors.
3. Recover the cost of care from the injured or diseased person or the person's
estate to the extent that such person has received money in settlement of the claim or
satisfaction of a judgment against the third party.
C. If an action or proceeding is brought in the name of the state or political
subdivision pursuant to subsection B, paragraph 2, the injured or diseased person or the
person's guardian, personal representative, estate, dependents or survivors shall not be
required to join the action or proceeding.
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