Payments made to public assistance recipients to be a debt due state, recovery by state
If someone gets public assistance (like Medicaid) to pay for a work injury, that money is considered a debt owed back to the state. The state has the right to get that money back from whatever workers' compensation settlement or payment the injured person receives. A judge can decide how that repayment is split between the worker and the employer, but the total amount owed to the state cannot be reduced.
287.266. Payments made to recipients to be a debt due state, recovery by state — — of rights — by judge, when. — 1. As used in this section, the following terms mean:
(1) "", any individual, , public or private that has entered into an agreement with the state to provide any set out in section 208.152 and subsequent amendments;
(2) "Person eligible for public assistance", any individual who is or was eligible for under the laws of this state.
2. Payments made to or on behalf of a person eligible for public assistance as the result of any , or as defined by this chapter shall be a debt due the state, and recovery of same shall be a this chapter.
3. The state shall have a upon any s owed by any employer that are or might be due under any insurance agreement or in effect at the time the medical expense or any portion thereof was paid by the of social services or its .
4. The state shall have a right of to any funds owed to or received by the employee or any person, corporation, or private agency acting on his behalf any other of this chapter.
5. The department of social services or its designated division may maintain an action to recover funds due under this section pursuant to the law or the , which includes the exercise of all rights afforded by the laws of this state.
6. The department shall have a right to recover the full amount of its payments when payments are made to a provider under this chapter if the payments were made on behalf of a person eligible for public assistance for an injury, occupational disease, or disability which is under this chapter.
7. This debt due the state shall be only to the fee rights of the injured employee's attorney pursuant to this chapter, and the state shall not be required to pay any portion of the fees or costs incurred by the employee or the employer.
8. for and acceptance of public assistance made to or on behalf of the injured employee shall constitute an assignment of rights to the department of social services for of funds expended by the department of social services in the treatment of a compensable injury.
9. The attorney shall notify the department of social services upon representation of each client who was eligible for public assistance as provided by sections 208.151 to 208.159 and section 208.162 prior to, during or subsequent to the date of injury, that the attorney was retained to pursue the client's legal rights related to the compensable injury.
10. The , pursuant to granted under section 287.610, shall the debt due the state between the injured worker and the injured worker's employer or their designated representatives when an agreement cannot be reached regarding the respective for money expended by the department of social services on behalf of the injured employee, but in no case shall the debt due the state be reduced.
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Source & history notes
(L. 1987 H.B. 518)
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