(a) Subrogation is defined as the doctrine of law which enables insurers to recover payments from any third party who is responsible for an injury. In any claim for benefits by a recipient who receives medical care under this title, where the recipient has a cause of action against any other person, the Department of Health and Social Services shall be subrogated against (substituted for) the recipient to the extent of any payment made by the Department of Health and Social Services on behalf of the recipient receiving medical care, resulting from the occurrence which constituted the basis for the action against the other person.
(b) After the deduction of applicable attorney fees and litigation costs, any funds received by an individual who has received medical care under this title, the individual's attorney or the individual's guardian or personal representative, by means of judgment, award or settlement of the cause of action, shall be held for the benefit of the Department of Health and Social Services to the extent indicated in subsection (a) of this section.
(c) If, after being notified in writing of a subrogation claim and possible liability under this section, a recipient receiving medical care under this title, recipient's attorney or recipient's guardian or personal representative disposes of funds that are required to be held for the benefit of the Department under this section without the written approval of the Department, that recipient shall be liable to the Department for any amount that, as a result of the disposition of the funds, is not recoverable by the Department.
(d) The Department may compromise, settle and release a subrogated claim if the Department determines that collection would result in substantial hardship on the recipient receiving medical care or, in a wrongful death action, on the surviving dependents of the deceased.
Structure Delaware Code
Chapter 5. STATE PUBLIC ASSISTANCE CODE
§ 503. Eligibility for assistance; amount; method of payment.
§ 504. Assignment and collection of support payments; powers and duties of Family Court.
§ 505. Categories of assistance.
§ 506. Duplication of assistance.
§ 507. Temporary assistance to nonresidents.
§ 508. Application for assistance.
§ 509. Continuing eligibility.
§ 510. Recipients to report acquisition of resources.
§ 511. Responsibility of relatives.
§ 513. Assistance not assignable; exception.
§ 515. Effect of change of laws or allowances.
§ 517. Hospital and medical treatment for recipients of aid under this chapter.
§ 519. Payment of assistance grants by the Department of Welfare.
§ 521. Emergency and disaster assistance.
§ 522. Medical care; subrogation.
§ 523. Education and training for recipients of aid under § 505(1) of this title.
§ 524. Eligibility for Temporary Assistance for Needy Families.
§ 528. Coverage for epinephrine autoinjectors.
§ 529. Coverage for insulin pumps.
§ 530. Coverage for doula services.
§ 531. Annual behavioral health well check [Effective Jan. 1, 2024].