{"data":{"id":"us-ky/krs-200.499","jurisdiction":"us-ky","citation":"KRS 200.499","heading":"Recovery of costs from third-party payments -- Filing of claims.","body":"(1) An applicant for or recipient of medical services provided by or paid for by the\nOffice for Children with Special Health Care Needs shall inform the office of any\nrights that the applicant or recipient has to third-party payments for medical services\nat th e time of initial application for services or at any time thereafter when such\nthird-party payment should become available. The office shall automatically be\nsubrogated to any rights the recipient has to third -party payment for medical\nservices.\n(2) The office shall recover the full cost of medical services provided to a recipient and\nshall recover any payments made for medical services on his behalf directly from:\n(a) Any third party liable to make a medical benefit payment to the provider of\nthe recipient 's medical services or to the recipient under the terms and\nprovisions of any contract, health insurance policy, health insurance plan,\nsettlement, or award;\n(b) The recipient, if he or she has received third -party payment for medical\nservices that have been provided to him; or\n(c) The provider of the recipient's medical services if third -party payment for\nmedical services has been recovered by the provider.\n(3) A recipient of medical services provided by the office or paid for by the office shall\nbe deemed to have made an assignment to the office of any right such recipient has\nto any payment for such medical services from a third party.\n(4) A recipient of medical services provided by the office or paid for by the office shall\nbe deemed to have provided the  office the authority to release medical information\nwith respect to such medical services for the purpose of obtaining reimbursement\nfrom a third party.\n(5) The office may, in order to enforce its subrogation rights under this section,\ninstitute, intervene in, or join any legal proceeding against any third party against\nwhom recovery rights arise. No action taken by the office shall operate to deny the\nrecipient recovery for that portion of his damage not subrogated to the office and no\naction of the recipient shall prejudice the subrogation rights of the office.\n(6) When the office provides, pays for, or becomes liable for the medical services, and\ntheir costs, of a recipient, it shall have a lien for the full amount of the cost of such\nmedical services upon any and all causes of action which accrue to the recipient or\nto his legal representatives, as a result of sickness, injury, disease, disability, or\ndeath due to the liability of a third party which necessitated the medical service. The\noffice shall have one (1) calendar year from the date when the last item of medical\nservices relative to a specific accident or spell of illness was provided or paid for in\nwhich to file its verified lien statement. The statement shall be filed with the clerk\nof the Circu it Court in the recipient's county residence. The verified lien statement\nshall contain the name and address of the recipient of medical services; the date of\nthe injury or accident; the name and address of the vendor or vendors furnishing\nmedical services  to the recipient; the date of the medical services; the amount\nclaimed to be due the office for the medical services provided or paid for; and, to\nthe best knowledge of the office, the names and addresses of all persons or\ncorporations claimed to be liabl e for damages arising from the injuries. The office's\nfailure to file a lien shall not affect the office's subrogation rights provided for in\nsubsection (1) of this section.\n(7) In recovering any payment in accordance with this action, the office is authorized to\nmake appropriate settlements.","path":["KRS Chapter 200"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47931","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:56Z","sha256":"c1f833a202d8c57be8556d6d551cc176ec2c4f8f7c2878360eb0534050763d86","source_id":"us-ky","stale":false,"prev":"us-ky/krs-200.497","next":"us-ky/krs-200.500"},"notice":"GroundRules: Original legal text. Not legal advice."}