§ 108A‑59. Acceptance of medical assistance constitutes assignment to the State of rightto third party benefits; recovery procedure.
(a) Notwithstanding any other provisions of the law, byaccepting medical assistance, the recipient shall be deemed to have made anassignment to the State of the right to third party benefits, contractual orotherwise, to which he may be entitled.
It shall be the responsibility of the county attorney of the countyfrom which the medical assistance benefits are received or an attorney retainedby that county and/or the State to enforce this subsection, and said attorneyshall be compensated for his services in accordance with the attorneys' feearrangements approved by the Department of Health and Human Services.
(b) The responsible State agency will establish a third partyresources collection unit that is adequate to assure maximum collection ofthird party resources.
(c) Notwithstanding any other law to the contrary, in allactions brought pursuant to subsection (a) of this section to obtainreimbursement for payments for medical services, liability shall be determinedon the basis of the same laws and standards, including bases for liability andapplicable defenses, as would be applicable if the action were brought by the individualon whose behalf the medical services were rendered. (1977, c. 664; 1979, 2nd Sess., c. 1312, ss. 3‑5;1981, c. 275, s. 1; 1995, c. 508, s. 2; 1997‑443, s. 11A.118(a).)
§ 108A‑59. Acceptance of medical assistance constitutes assignment to the State of rightto third party benefits; recovery procedure.
(a) Notwithstanding any other provisions of the law, byaccepting medical assistance, the recipient shall be deemed to have made anassignment to the State of the right to third party benefits, contractual orotherwise, to which he may be entitled.
It shall be the responsibility of the county attorney of the countyfrom which the medical assistance benefits are received or an attorney retainedby that county and/or the State to enforce this subsection, and said attorneyshall be compensated for his services in accordance with the attorneys' feearrangements approved by the Department of Health and Human Services.
(b) The responsible State agency will establish a third partyresources collection unit that is adequate to assure maximum collection ofthird party resources.
(c) Notwithstanding any other law to the contrary, in allactions brought pursuant to subsection (a) of this section to obtainreimbursement for payments for medical services, liability shall be determinedon the basis of the same laws and standards, including bases for liability andapplicable defenses, as would be applicable if the action were brought by the individualon whose behalf the medical services were rendered. (1977, c. 664; 1979, 2nd Sess., c. 1312, ss. 3‑5;1981, c. 275, s. 1; 1995, c. 508, s. 2; 1997‑443, s. 11A.118(a).)
§ 108A‑59. Acceptance of medical assistance constitutes assignment to the State of rightto third party benefits; recovery procedure.
(a) Notwithstanding any other provisions of the law, byaccepting medical assistance, the recipient shall be deemed to have made anassignment to the State of the right to third party benefits, contractual orotherwise, to which he may be entitled.
It shall be the responsibility of the county attorney of the countyfrom which the medical assistance benefits are received or an attorney retainedby that county and/or the State to enforce this subsection, and said attorneyshall be compensated for his services in accordance with the attorneys' feearrangements approved by the Department of Health and Human Services.
(b) The responsible State agency will establish a third partyresources collection unit that is adequate to assure maximum collection ofthird party resources.
(c) Notwithstanding any other law to the contrary, in allactions brought pursuant to subsection (a) of this section to obtainreimbursement for payments for medical services, liability shall be determinedon the basis of the same laws and standards, including bases for liability andapplicable defenses, as would be applicable if the action were brought by the individualon whose behalf the medical services were rendered. (1977, c. 664; 1979, 2nd Sess., c. 1312, ss. 3‑5;1981, c. 275, s. 1; 1995, c. 508, s. 2; 1997‑443, s. 11A.118(a).)
