§ 20-77-304 - Notice of action or claim -- Intervention or consolidation.
20-77-304. Notice of action or claim -- Intervention or consolidation.
(a) (1) If either the medical assistance recipient or the division brings an action or claim against a third person, the recipient or Department of Human Services shall, within thirty (30) days of filing the action, give to the other party written notice of the action or claim by personal service or registered mail.
(2) This notice shall contain the names of the third person and the court in which the action is brought.
(3) Proof of the notice shall be filed in the action.
(4) If an action or claim is brought by either the department or recipient, the other may, at any time before trial on the facts, become a party to the action or shall consolidate his or her action or claim with the other if brought independently.
(b) If the recipient, his or her guardian, personal representative, estate, or survivors bring an action against the third person who may be liable for injury, disease, or disability, then notice of institution of the legal proceedings and notice of settlement shall be given the Director of the Department of Human Services. All notices shall be given by the attorney retained to assert the recipient's claim, or by the recipient, his or her guardian, personal representative, estate, or survivors if no attorney is retained.