Okla. Stat. tit. 74, § 74-1306.1: Board - Right of subrogation in certain cases - Extent

- Release of responsible party.

A. The Oklahoma Health Care Authority shall have the right of

subrogation to recover any payments made for injury to an employee

or dependent caused by a third party's wrongful act or negligence.

The Authority shall have the authority to waive or reduce

subrogation in individual cases when the exercise of the right of

subrogation would create an extreme financial hardship on the

employee or dependent.

B. Subrogation will exist only to the extent of actual claims

paid.

C. If an employee or dependent has prejudiced the Authority's

right of subrogation by releasing the responsible party prior to

submitting claims to the Authority, the claims may be denied by the

Authority. If claims are submitted and paid after the employee or

dependent has released the responsible party, the Authority shall be

entitled to bring an action against the employee, dependent, or

their assignees, for any such claims paid and for additional costs

incurred by the Authority including, but not limited to: interest,

administrative and adjudicative costs, and attorney fees.