205.624 Assignment to cabinet by recipient of rights to third-party payments --
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/ky/205-624A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Right of recovery by cabinet.
(1)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.
(2)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 by
such other state or county agency requested by the cabinet to assist in the
enforcement of securing repayment from the absent parent.
(3)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.