26-19-4.5 - Assignment of rights to benefits.
26-19-4.5. Assignment of rights to benefits.
(1) (a) To the extent that medical assistance is actually provided to a recipient, all benefitsfor medical services or payments from a third party otherwise payable to or on behalf of arecipient are assigned by operation of law to the department if the department provides, orbecomes obligated to provide, medical assistance, regardless of who made application for thebenefits on behalf of the recipient.
(b) The assignment:
(i) authorizes the department to submit its claim to the third party and authorizes paymentof benefits directly to the department; and
(ii) is effective for all medical assistance.
(2) The department may recover the assigned benefits or payments in accordance withSection 26-19-5 and as otherwise provided by law.
(3) The assignment of benefits includes medical support and third party paymentsordered, decreed, or adjudged by any court of this state or any other state or territory of theUnited States. That assignment is not in lieu of, and does not supersede or alter any other courtorder, decree, or judgment.
(4) When an assignment takes effect, the recipient is entitled to receive medicalassistance, and the benefits paid to the department are a reimbursement to the department.
Amended by Chapter 145, 1998 General Session