Kansas Statutes
Article 7 - Social Welfare
39-719a Recovery of medical assistance paid; obligation of third party; payment by secretary secondary costs paid proportionately by parties as determined by court.

39-719a. Recovery of medical assistance paid; obligation of third party; payment by secretary secondary costs paid proportionately by parties as determined by court. (a) Where medical assistance has been paid by the secretary and a third party has a legal obligation to pay such medical expenses to or on behalf of the recipient, the secretary may recover the same from the recipient or from the third party and shall be in all respects subrogated to the rights of the recipient in such cases except as provided under K.S.A. 39-786 and 39-787, and amendments thereto, or under section 303 and amendments thereto of the federal medicare catastrophic coverage act of 1988, whichever is applicable. Payment of medical assistance by the secretary shall be secondary to any other insurance coverage or third party with a legal obligation to pay such medical expenses to or on behalf of the recipient.
(b) Pursuant to this section unless otherwise agreed, the court shall fix attorney fees, which shall be paid proportionately by the secretary and the injured person, such person's dependents or personal representatives, in the amounts determined by the court. Attorney fees to be paid by the secretary shall be fixed by the court in an amount not to exceed 1/3 of the medical assistance recovered pursuant to subsection (a) for cases settled prior to trial, or in an amount not to exceed 2/5 of the medical assistance recovered pursuant to subsection (a) in cases when a trial is convened.
(c) In the event of a recovery pursuant to K.S.A. 60-258a, and amendments thereto, the secretary's right of subrogation shall be reduced by the percentage of negligence attributable to the injured person.
History: L. 1953, ch. 224, § 1; L. 1967, ch. 245, § 7; L. 1969, ch. 226, § 6; L. 1970, ch. 168, § 1; L. 1973, ch. 186, § 12; L. 1988, ch. 143, § 9; L. 1989, ch. 124, § 3; L. 1991, ch. 119, § 1; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare

Article 7 - Social Welfare

39-701 Purposes of act.

39-702 Definitions.

39-708a Payment of claims to medical vendors not filed within fiscal year; limitation.

39-708c Powers and duties of secretary for children and families; community work experience programs; disbursal of property including food stamps; division of services for the blind; children and youth service program; medical care for needy persons;...

39-708d Same; lease of office or business space.

39-709 Eligibility requirements of applicants for and recipients of assistance, available resources; failure to comply with reporting and other requirements, penalties; automatic assignment of support rights; lien procedures and enforcement; eligibil...

39-709b Information concerning applicants for and recipients of assistance; confidentiality, exceptions; publication of statistics.

39-709c Report to legislature; medical assistance expenditures and amounts recovered; recommendations for legislation therefor.

39-709e Exercise of state's option from federal law making certain drug abusers ineligible for public assistance.

39-709f Medical assistance program and managed care organizations; contract; prompt payment.

39-709g Public assistance; duties of secretary for children and families; acceptance of telephonic signatures for applications.

39-709h Medical assistance program; patient encounter data; requirements imposed on managed care organizations; audits; rules and regulations.

39-709i Medical assistance program; decisions rendered by managed care organizations; appeals process; external independent third-party review; notice and procedure.

39-709j Medical assistance program; coverage for speech-language pathology and audiology services.

39-710 Social welfare fund; deposits; disbursements; unpaid cancelled warrants, crediting; appropriations.

39-711a Meal services for the aging; use of school lunch facilities under agreement with local board of education.

39-713c Homes for children.

39-713d Funeral and cemetery expenses; limitations.

39-714 County home; admission; treatment; ownership by two counties; tax levy, use of proceeds; issuance of bonds in certain counties.

39-717 Illegal disposition; purchase, acquisition or possession of assistance; criminal penalties; exemption of assistance from legal process.

39-718b Liability of parent or guardian for assistance provided child, exceptions.

39-719a Recovery of medical assistance paid; obligation of third party; payment by secretary secondary costs paid proportionately by parties as determined by court.

39-719b Duty of recipient to report changes which affect eligibility; actions by secretary; recovery of assistance obtained by or transferred to another person by ineligible recipient.

39-719c Proof deemed prima facie evidence assistance unlawfully received.

39-719e Medical benefit plan providers to provide information identifying covered medical assistance recipients; procedures; enforcement.

39-720 Penalty relating to fraudulent acts; civil actions, evidence.

39-721 Severability clause.

39-739 Sight handicapped persons; reports to state board of health; forms.

39-740 Same; records available to secretary for children and families.

39-744 Transfer of powers, duties and functions.

39-745 Transition; preservation of civil rights of action and proceedings; criminal actions not to abate.

39-746 Positions of certain officers and employees abolished; transfer of employees; rights preserved.

39-751 Program for home maintenance; duties of secretary for children and families.

39-752 Same; appointment of supervisors.

39-753 Title IV-D child support enforcement services; duties of secretary; rules and regulations.

39-754 Support rights assigned to secretary; secretary's rights; court record of support collected by secretary.

39-755 Actions by secretary to establish parentage and to enforce support rights; necessary parties to proceedings; counsel; orders; application of section.

39-756 Support enforcement services available to certain persons; assignment of support rights; limited power of attorney; continuation of services after discontinuance of public assistance; fees for services; distribution of collections; attorneys r...

39-756a Time assignment of support rights under 39-709 remains in effect; assignment of rights to payment for medical care unaffected.

39-757 Secretary to deposit moneys received under 39-709 and 39-756 with state treasurer; dispositions; expenditure from funds.

39-758 Location of absent parents or their assets; cooperation of governmental units with secretary; availability of information.

39-759 Unlawful acts relating to information concerning absent parents; penalty.

39-760 Establishment of system for reporting suspected abuse or fraud in welfare or medical assistance programs; notice of existence of system.

39-782 Hearing required prior to certifying adult care home for participation in state medical assistance program as intermediate care facility for mental health; notice.

39-783 Notice to affected health care provider groups of reduction in scope or reimbursement of services under medical assistance program; contents; effect of failure to give notice.

39-784 Fees for providing home health services for recipients served under medicaid home and community based services program; disposition; Kansas department for aging and disability services temporary deposit fund.

39-785 Definitions.

39-786 Division of aggregate resources authorized for purpose of determining medical assistance eligibility; conditions and limitations; written interspousal agreement; written statement of Kansas department for children and families; lien authorized...

39-787 Division of aggregate income authorized for purpose of determining medical assistance eligibility; conditions and limitations; written interspousal agreement; written statement of secretary for children and families; rules and regulations.

39-788 Act not in conflict with federal statute or regulation until final determination by federal secretary of health and human services that conflict exists; judicial review of such determination; notification of appropriate committees of legislatu...

39-789 Persons unable to give consent for transfers eligible for assistance under act; court order of maintenance, conservatorship or property and income division required.

39-790 Court-ordered child support obligation or family maintenance allowance not available income.

39-791 Application of 39-785 through 39-790 suspended; expiration of section.

39-7,100 Home and community based services program; definitions; program requirements; demonstration projects.

39-7,100a Home and community based services; expansion to include services provided under senior care act; funding.

39-7,100b Individuals with disabilities; reinstatement of eligibility; home and community based services; definitions; rules and regulations.

39-7,112 Implementation of managed care system to provide medicaid services; contracts; areas of state selected for implementation; waivers; managed care implementation committee; reports; managed care project at university of Kansas medical center t...

39-7,116 Definitions.

39-7,118 Drug utilization review program.

39-7,119 Same; medicaid drug utilization review board created; members; terms; chairperson; closed or executive meetings; required meetings.

39-7,120 Limitations on restrictions of patient access to prescription-only drugs through prior authorization or restrictive formulary; rules and regulations; factors to consider.

39-7,121 Electronic pharmacy claims management system; limitations on utilization of system; implementation of system; reporting requirements.

39-7,121a State medicaid preferred drug formulary; advisory committee; evaluation of drugs and drug classes; rebates; discounts and services; review of formulary.

39-7,121b Limitations on restrictions on medications used to treat mental illness; medications available without restrictions; review by mental health medication advisory committee and medicaid drug utilization review board; mental health medication...

39-7,121c Certain medications not subject to prior authorization.

39-7,121d Program of differential dispensing fees for certain pharmacies; provisions for differential ingredient cost reimbursement; prescriber's unique identification number.

39-7,121e Limitation of reimbursement to multisource generic equivalent drugs, when; pharmacists not required to dispense certain drugs.

39-7,121g Donor human breast milk; hospital eligible for reimbursement, when; rules and regulations; federal waiver.

39-7,123 State individual assistance support trust fund; agreements with trusts; interest transfers; expenditures and administration; rules and regulations.

39-7,124 Aid to families with dependent children; no grant payments for unmarried minor who has a child unless residing with parent; exceptions.

39-7,125 Same; reduction in incremental aid for certain additional children, exception; adjustment to earned income disregard.

39-7,127 Same; work-and-earn incentive program; waivers from federal program requirements before implementation.

39-7,128 Same; eligibility determination; exclusion of income earned and saved by minor for educational purposes; rules and regulations.

39-7,129 Same; compliance with child immunization and vaccination requirements for continuing eligibility for aid.

39-7,130 Same; requiring waiver applications for certain federal eligibility requirements for two-parent families, women in first month of pregnancy, and children in foster care.

39-7,131 Same; application for waivers of federal requirements prior to implementation of act.

39-7,132 Aid to families with dependent children; financial support for persons otherwise eligible for such aid; Kansas income tax credit for corporations; agreement with secretary, use of moneys.

39-7,133 Severability of act.

39-7,134 Establishment of system.

39-7,135 Title IV-D agency designated; maintenance of Kansas payment center for collection and disbursement of support payments; contracts for administration and operation; disposition of certain payments under unclaimed property act.

39-7,136 Access to information relating to a IV-D case.

39-7,137 Construction.

39-7,138 Definitions.

39-7,139 Powers and remedies of the secretary concerning IV-D services.

39-7,140 Jurisdiction; service; notice.

39-7,141 Waiver of rights.

39-7,142 Administrative orders.

39-7,143 Same; enforceability.

39-7,144 Subpoena; service; enforceability.

39-7,145 Genetic tests.

39-7,146 Arrearages.

39-7,147 Income withholding order.

39-7,148 Same; modification or termination.

39-7,149 Same; hearing.

39-7,150 Administrative levy on cash assets.

39-7,151 Redirecting support payments; assignment; change of payee.

39-7,152 Execution; arrearages.

39-7,155 Past due child support or failure to comply with subpoena, restricted driving privileges; certification by secretary; notice; hearing.

39-7,156 Same; prevention of certification.

39-7,157 Same; termination of proceedings; issuance of driver's license.

39-7,158 Agreement between secretary of revenue and secretary for children and families; rules and regulations.

39-7,159 Comprehensive and coordinated system of long-term care services; cooperation by Kansas department for aging and disability services, Kansas department for children and families and department of health and environment.

39-7,160 Robert G. (Bob) Bethell joint committee on home and community based services and KanCare oversight; members; meetings; reporting; compensation and expenses.

39-7,162 Home and community based services savings fund administered by secretary for aging and disability services; certification, transfer and expenditures.

39-7,163 Kansas senior task force; topics of study; membership; appointment; meetings; report to the legislature; professional services; compensation.