{"data":{"id":"us-ky/krs-205.624","jurisdiction":"us-ky","citation":"KRS 205.624","heading":"Assignment to cabinet by recipient of rights to third -party payments --","body":"Right of recovery by cabinet.\n(1) An applicant or recipient shall be deemed to have made to the cabinet an\nassignment of his rights to third -party payments to the extent of medica l assistance\npaid on behalf of the recipient under Title XIX of the Social Security Act. The\napplicant or recipient shall be informed in writing by the cabinet of such\nassignment.\n(2) The cabinet shall have the right of recovery which a recipient may have for the cost\nof hospitalization, pharmaceutical services, physician services, nursing services, and\nother medical services not to exceed the amount of funds expended by the cabinet\nfor such care and treatment of the recipient under the provisions of Title XIX of the\nSocial Security Act.\n(a) If a payment for medical assistance is made, the cabinet, to enforce its right,\nmay:\n1. Intervene or join in an action or proceeding brought by the injured,\ndiseased, or disabled person, the person's guardian, personal\nrepresentative, estate, dependents, or survivors against a third party who\nmay be liable for the injury, disease, or disability, or against contractors,\npublic or private, who may be liable to pay or provide medical care and\nservices rendered to an injured,  diseased, or disabled recipient, in state\nor federal court; or\n2. Institute and prosecute legal proceedings against a third party who may\nbe liable for the injury, disease, or disability, or against contractors,\npublic or private, who may be liable to pay  or provide medical care and\nservices rendered to an injured, diseased, or disabled recipient, in state\nor federal court, either alone or in conjunction with the injured, diseased,\nor disabled person, the person's guardian, personal representative, estate,\ndependents, or survivors; or\n3. Institute the proceedings in its own name or in the name of the injured,\ndiseased, or disabled person, the person's guardian, personal\nrepresentative, estate, dependents, or survivors.\n(b) The injured, diseased, or disabled  person may proceed in his own name,\ncollecting costs without the necessity of joining the cabinet or the\nCommonwealth as a named party, provided the injured, diseased, or disabled\nperson shall notify the cabinet of the action or proceeding entered into up on\ncommencement of the action or proceeding. The injured, diseased, or disabled\nperson must notify the cabinet of any settlement or judgment of his or her\nclaim.\n(c) In the case of an applicant for or recipient of medical assistance whose\neligibility is based on deprivation of parental care or support due to absence of\na parent from the home, the cabinet may:\n1. Initiate a civil action or other legal proceedings to secure repayment of\nmedical assistance expenditures for which the absent parent is liable;\nand\n2. Provide for the payment of reasonable administrative costs incurred by\nsuch other state or county agency requested by the cabinet to assist in the\nenforcement of securing repayment from the absent parent.\n(3) Each insurer issuing policies or contracts  under Subtitle 17, 18, 32, or 38 of KRS\nChapter 304 shall cooperate fully with the Cabinet for Health and Family Services\nor an authorized designee of the cabinet in order for the cabinet to comply with the\nprovisions of subsection (1) of this section.","path":["KRS Chapter 205"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=7751","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:04Z","sha256":"38ef37b523430e80e2f088abcbdd21ef696967a9e65b470f1db67817c5e55159","source_id":"us-ky","stale":false,"prev":"us-ky/krs-205.623","next":"us-ky/krs-205.626"},"notice":"GroundRules: Original legal text. Not legal advice."}