California Welfare and Institutions Code ARTICLE 3.5 - Third Party Liability

• Section 14124.70.
  As used in this article:(a) “Carrier” includes any insurer as defined in Section 23 of the Insurance Code, including any private company, corporation, mutual association, trust...
• Section 14124.71.
  (a) When benefits are provided or will be provided to a beneficiary under this chapter because of an injury for which another party is liable, or...
• Section 14124.72.
  (a) If an action is brought by the director pursuant to Section 14124.71, it shall be commenced within the period prescribed in Section 338 of the...
• Section 14124.73.
  (a) If either the beneficiary or the director brings an action or claim against such third party or carrier, the beneficiary or the director shall within...
• Section 14124.74.
  In the event of a settlement, judgment, or award in a suit or claim against a third party or carrier:(a) If the action or claim is...
• Section 14124.75.
  The court or agency shall, upon further application at any time before the judgment or award is satisfied, allow as a further lien the reasonable...
• Section 14124.76.
  (a) No settlement, judgment, or award in any action or claim by a beneficiary to recover damages for injuries, where the director has an interest, shall...
• Section 14124.77.
  When the director has perfected a lien upon a judgment or award in favor of a beneficiary against any third party for an injury for...
• Section 14124.78.
  Notwithstanding any other provision of law, in no event shall the director recover more than the beneficiary recovers after deducting, from the settlement judgment, or...
• Section 14124.785.
  The director’s recovery is limited to the amount derived from applying Section 14124.72, 14124.76, or 14124.78, whichever is less, to the total settlement, judgment, or...
• Section 14124.79.
  In the event that the beneficiary, his guardian, conservator, personal representative, estate or survivors or any of them brings an action against the third person...
• Section 14124.791.
  (a) Subject to the director’s prior right of recovery, a provider who has rendered services to a beneficiary because of an injury for which a third...
• Section 14124.792.
  If any provision of this article, or the application of any provision of this article to any person, firm, corporation, or other entity or to...
• Section 14124.795.
  It is the intent of the Legislature to comply with federal law requiring that when a beneficiary has other available health coverage or insurance, the...
• Section 14124.81.
  (a) The department shall administer the provisions of Sections 14124.82 to 14124.86, inclusive, pertaining to the State Department of Health Care Services’ administration of the personal...
• Section 14124.82.
  (a) The department, in its reasonable discretion, may execute one or more at-risk performance contracts to identify, quantify, or recover, or any combination thereof, Medi-Cal payments...
• Section 14124.83.
  The agreement shall include, but is not limited to, the following provisions:(a) The agreement shall stipulate when the contractor may identify, quantify, or recover amounts owing...
• Section 14124.84.
  The department shall provide the contractor with such information as is reasonably necessary for the contractor to perform its obligations under the contract, including accounting...
• Section 14124.86.
  The contractor shall retain its rights to compensation upon recovery for completed duties under the contract with respect to any claims or liens processed in...
• Section 14124.89.
  (a) Every health insurer, self-insured plan, group health plan, as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, service benefit plan,...
• Section 14124.90.
  It is the intent of the Legislature to comply with federal law requiring that when a beneficiary has third-party health coverage or insurance, the State...
• Section 14124.91.
  The State Department of Health Services shall, whenever it is cost-effective, pay the premium for third-party health coverage for beneficiaries under this chapter. The State...
• Section 14124.92.
  (a) The department may pay administrative expenses and make incentive payments to any county, state, or federal agency, or a contracting agent of the department for...
• Section 14124.94.
  (a) When the rights of a Medi-Cal beneficiary to health care benefits from an insurer have been assigned to the department, an insurer shall not impose...

Last modified: October 22, 2018