by Thomas D. Begley, Jr., CELA<\/p>\n
As a condition of Medicaid eligibility, a Medicaid applicant is required to assign to the state<\/em> any rights to payment of medical care from any third party.[1]<\/a> This is essentially a statutory right of subrogation. Federal law further requires that each state Medicaid program have procedures for determining the legal liability of third parties to pay for medical assistance provided by the state\u2019s Medicaid plan, and for reimbursement of the cost of medical assistance provided, whenever recovery is feasible.[2]<\/a> In New Jersey, the Attorney General is responsible for enforcing any rights against third parties or recovery of liens.[3]<\/a> When an individual brings an action for damages against a third party, written notice must be given to the director of the Division of Medical Assistance and Health Services. In addition, such individual must promptly notify the Division of any recovery (more…)<\/span><\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":" by Thomas D. Begley, Jr., CELA Assignment to State of Rights against Third Parties As a condition of Medicaid eligibility, a Medicaid applicant is required to assign to the state any rights to payment of medical care from any third…<\/span><\/p>\n