(a) The Department of Human Services is entitled to reimbursement for past medical assistance payments from that portion of a third-party settlement, judgment, or award or from any other third-party payment that compensates for the medical expenses.
(b) The department is entitled to receive the full amount of its medical assistance claim under this subchapter unless the portion of the third-party settlement, judgment, or award or other third-party payment that compensates for the medical expenses is less than the full amount of the department's medical assistance claim.
(c) The department's claim for medical assistance payments under this subchapter has priority over any claim by a medical care provider.
(d) The department's rights under this subchapter are not extinguished by any right possessed, asserted or not asserted, by a medical assistance recipient or other person.
Structure Arkansas Code
Title 20 - Public Health and Welfare
Chapter 77 - Medical Assistance
Subchapter 3 - Third-Party Liability
§ 20-77-301. Action by Department of Human Services
§ 20-77-302. Action by recipient alone — Reimbursement of division
§ 20-77-303. Action by division and recipient
§ 20-77-304. Notice of action or claim — Intervention or consolidation
§ 20-77-305. Notice to Department of Human Services of award or settlement by recipient required
§ 20-77-306. Liability of third parties to Department of Human Services — Definitions
§ 20-77-307. Assignment to Department of Human Services of rights of recovery
§ 20-77-308. Release of information to Department of Human Services
§ 20-77-309. Denial or reduction of benefits — Insurance policies
§ 20-77-310. Denial or reduction of benefits — Service plan corporation contracts
§ 20-77-311. Denial or reduction of benefits — Healthcare providers