§ 74.09.180. Chapter does not apply if another party is liable -- Exception -- Subrogation -- Lien -- Reimbursement -- Delegation of lien and subrogation rights
(1) The provisions of this chapter shall not apply to recipients whose personal injuries are occasioned by negligence or wrong of another: PROVIDED, HOWEVER, That the secretary may furnish assistance, under the provisions of this chapter, for the results of injuries to or illness of a recipient, and the department shall thereby be subrogated to the recipient's rights against the recovery had from any tort feasor or the tort feasor's insurer, or both, and shall have a lien thereupon to the extent of the value of the assistance furnished by the department. To secure reimbursement for assistance provided under this section, the department may pursue its remedies under RCW 43.20B.060.
(2) The rights and remedies provided to the department in this section to secure reimbursement for assistance, including the department's lien and subrogation rights, may be delegated to a managed health care system by contract entered into pursuant to RCW 74.09.522. A managed health care system may enforce all rights and remedies delegated to it by the department to secure and recover assistance provided under a managed health care system consistent with its agreement with the department.
[1997 c 236 § 1; 1990 c 100 § 2; 1987 c 283 § 14; 1979 ex.s. c 171 § 14; 1971 ex.s. c 306 § 1; 1969 ex.s. c 173 § 8; 1959 c 26 § 74.09.180. Prior: 1955 c 273 § 19.]
Notes:
Application -- 1990 c 100 § § 2, 4, 7(1), 8(2): See note following RCW 43.20B.060.
Severability -- Savings -- 1987 c 283: See notes following RCW 43.20A.020.
Severability -- 1979 ex.s. c 171: See note following RCW 74.20.300.
Sections: Previous 74.09.075 74.09.080 74.09.085 74.09.110 74.09.120 74.09.150 74.09.160 74.09.180 74.09.185 74.09.190 74.09.200 74.09.210 74.09.220 74.09.230 74.09.240 Next
Last modified: April 7, 2009