422.293001 - Subrogation: Notice to Department of recipient’s claim; statute of limitations tolled until notice received.
422.293001 Subrogation: Notice to Department of recipient’s claim; statute of limitations tolled until notice received.
1. A recipient, upon assertion of a claim against a third party to which the Department is subrogated pursuant to NRS 422.293, or the attorney of the recipient, upon agreeing to represent the recipient, shall provide written notice to the Department in the manner provided in subsection 2.
2. The notice provided pursuant to subsection 1 must include, without limitation:
(a) The name of the recipient;
(b) The social security number of the recipient;
(c) The date of birth of the recipient;
(d) The name of the attorney of the recipient, if applicable;
(e) The name of any person against whom the recipient is making a claim, if known;
(f) The name of any insurer of any person against whom the recipient is making a claim, if known;
(g) The date of the incident giving rise to the claim; and
(h) A short statement identifying the nature of the recipient’s claim or the terms of any settlement, judgment or award.
3. Any statute of limitations applicable to any claim or action by the Department is tolled until such time as the Department receives the notice required by this section.
4. As used in this section, “claim” means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured.
(Added to NRS by 2007, 2390)