26-19-8 - Statute of limitations -- Survival of right of action -- Insurance policy not to limit time allowed for recovery.
26-19-8. Statute of limitations -- Survival of right of action -- Insurance policy notto limit time allowed for recovery.
(1) (a) Subject to Subsection (6), action commenced by the department under this chapteragainst a health insurance entity must be commenced within:
(i) subject to Subsection (7), six years after the day on which the department submits theclaim for recovery or payment for the health care item or service upon which the action is based;or
(ii) six months after the date of the last payment for medical assistance, whichever islater.
(b) An action against any other third party, the recipient, or anyone to whom the proceedsare payable must be commenced within:
(i) four years after the date of the injury or onset of the illness; or
(ii) six months after the date of the last payment for medical assistance, whichever islater.
(2) The death of the recipient does not abate any right of action established by thischapter.
(3) (a) No insurance policy issued or renewed after June 1, 1981, may contain anyprovision that limits the time in which the department may submit its claim to recover medicalassistance benefits to a period of less than 24 months from the date the provider furnishesservices or goods to the recipient.
(b) No insurance policy issued or renewed after April 30, 2007, may contain anyprovision that limits the time in which the department may submit its claim to recover medicalassistance benefits to a period of less than that described in Subsection (1)(a).
(4) The provisions of this section do not apply to Section 26-19-13.5.
(5) The provisions of this section supercede any other sections regarding the time limit inwhich an action must be commenced, including Section 75-7-509.
(6) (a) Subsection (1)(a) extends the statute of limitations on a cause of action describedin Subsection (1)(a) that was not time-barred on or before April 30, 2007.
(b) Subsection (1)(a) does not revive a cause of action that was time-barred on or beforeApril 30, 2007.
(7) An action described in Subsection (1)(a) may not be commenced if the claim forrecovery or payment described in Subsection (1)(a)(i) is submitted later than three years after theday on which the health care item or service upon which the claim is based was provided.
Amended by Chapter 64, 2007 General Session