§ 74.09.185. Third party has legal liability to make payments -- State acquires rights -- Lien -- Equitable subrogation does not apply
To the extent that payment for covered expenses has been made under medical assistance for health care items or services furnished to an individual, in any case where a third party has a legal liability to make payments, the state is considered to have acquired the rights of the individual to payment by any other party for those health care items or services. Recovery pursuant to the subrogation rights, assignment, or enforcement of the lien granted to the department by this section shall not be reduced, prorated, or applied to only a portion of a judgment, award, or settlement, except as provided in RCW 43.20B.050 and 43.20B.060. The doctrine of equitable subrogation shall not apply to defeat, reduce, or prorate recovery by the department as to its assignment, lien, or subrogation rights.
[1995 c 34 § 6.]
Sections: Previous 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 74.09.250 NextLast modified: April 7, 2009