Arkansas Code § 20-77-302 - Action by Recipient Alone -- Reimbursement of Division

(a) When an action or claim is brought by a medical assistance recipient or his or her legal representative against a third party who may be liable for injury, disease, disability, or death of a medical assistance recipient, any settlement, judgment, or award obtained is subject to the division's claim for reimbursement of the benefits provided to the recipient under the medical assistance program.

(b) In the event of judgment or award in a suit or claim against a third party, if the action or claim is prosecuted by the recipient alone, the court or agency shall first order paid from any judgment or award the reasonable litigation expenses and attorney's fees. After the payment of these expenses and attorney's fees, the court or agency shall order that the Department of Human Services receive an amount sufficient to reimburse the department the full amount of benefits paid on behalf of the recipient under the medical assistance program. The remainder shall be awarded to the medical assistance recipient.

Section: 20-77-302  20-77-303  20-77-304  20-77-305  20-77-306  20-77-307  20-77-308  20-77-309  20-77-310  20-77-311  20-77-312  20-77-313  20-77-314  20-77-315  Next

Last modified: November 15, 2016