(a) A medical assistance recipient may not maintain any rights to payment for medical costs as a result of a judgment, award, or settlement of an action or claim for which another person may be legally obligated to pay without first making repayment to the department for costs of past medical assistance services provided to or paid for on behalf of the medical assistance recipient that relate to that action or claim.
(b) A medical assistance recipient may not place any payment as a result of a judgment, award, or settlement of an action or claim for which another person was legally obligated to pay because of injury or illness into any trust for the purpose of maintaining public assistance or medical assistance eligibility without first making repayment to the department for costs of past medical assistance services provided to the medical assistance recipient related to that action or claim.
(c) The attorney general may only discharge a medical assistance lien under AS 47.05.075 if the discharge complies with federal law.
(d) Notwithstanding (a) - (c) of this section, a third-party payor shall have no further liability if it settles or compromises a dispute in good faith and without knowledge that the individual is a recipient of medical assistance.
Structure Alaska Statutes
Title 47. Welfare, Social Services, and Institutions
Chapter 05. Administration of Welfare, Social Services, and Institutions
Article 1. General Administrative Provisions.
Sec. 47.05.010. Duties of Department of Health.
Sec. 47.05.012. Material incorporated by reference.
Sec. 47.05.017. Home care providers.
Sec. 47.05.020. Regulations concerning records; disclosure of information.
Sec. 47.05.030. Misuse of public assistance lists and records.
Sec. 47.05.032. Disclosures to legislators.
Sec. 47.05.040. Consent to conditions of federal programs.
Sec. 47.05.050. Cooperation with federal government.
Sec. 47.05.055. Certified nurse aides.
Sec. 47.05.070. Third party liability subrogation.
Sec. 47.05.071. Duty of a medical assistance recipient.
Sec. 47.05.072. Duty of attorney for medical assistance recipient.
Sec. 47.05.073. Judgment, award, or settlement of a medical assistance lien.
Sec. 47.05.074. Conflict with federal requirements.
Sec. 47.05.075. Medical assistance lien.
Sec. 47.05.080. Recovery of overpayments.
Sec. 47.05.085. Subpoena power.
Sec. 47.05.090. Authorization of the Interstate Compact on Adoption and Medical Assistance.
Sec. 47.05.105. Enhanced computerized eligibility verification system.