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Ark. Code Ann. § 20-77-315

Distribution of proceeds from third-party settlement, judgment, or award or from other third-party payment

Applied in 1 court decision — leading case Estate of Martin v. Ark. Dep't of Human Servs. (2019)

Most recently applied in Estate of Martin v. Ark. Dep't of Human Servs. (March 2019)

Acts 2011, No. 746, § 1; 2013, No. 1132, § 49.

(1) 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.

(2) 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.

(3) The department's claim for medical assistance payments under this subchapter has priority over any claim by a medical care provider.

(4) 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.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.