39-719a. Recovery of medical assistance paid; obligation of third party; payment by secretary secondary costs paid proportionately by parties as determined by court.
39-719a
39-719a. Recovery of medical assistance paid; obligation of thirdparty; payment by secretary secondary costs paid proportionately by parties asdetermined by court.(a) Where medical assistance has been paid by the secretary and a thirdpartyhas a legal obligation to pay such medical expenses to or on behalf of therecipient, the secretary may recover the same from the recipient orfrom the third party and shall be in all respects subrogated to the rightsof the recipient in such cases except as provided under K.S.A.39-786 and 39-787, and amendments thereto, or under section 303 and amendmentsthereto of the federal medicare catastrophic coverage act of 1988, whichever isapplicable. Payment of medical assistance by the secretary shall be secondaryto any other insurance coverage or third party with a legal obligation to paysuch medical expenses to or on behalf of the recipient.
(b) Pursuant to this section unless otherwise agreed, the court shall fixattorney fees, which shall be paid proportionately by the secretary and theinjured person, such person's dependents or personal representatives, in theamounts determined by the court. Attorney fees to be paid by the secretaryshall be fixed by the court in an amount not to exceed 1/3 of the medicalassistance recovered pursuant to subsection (a) for cases settled prior totrial, or in an amount not to exceed 2/5 of the medical assistance recoveredpursuant to subsection (a) in cases when a trial is convened.
(c) In the event of a recovery pursuant to K.S.A. 60-258a, and amendmentsthereto, the secretary's right of subrogation shall be reduced by thepercentage of negligence attributable to the injured person.
History: L. 1953, ch. 224, § 1; L. 1967, ch. 245, § 7; L. 1969,ch. 226, § 6; L. 1970, ch. 168, § 1; L. 1973, ch. 186, § 12; L. 1988, ch. 143, § 9;L. 1989, ch. 124, § 3;L. 1991, ch. 119, § 1; July 1.