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KRS 205.520

Title and purpose of KRS 205.510 to 205.630 -- Recovery from third parties for services rendered

Known as the Medical Assistance Act

Applied in 3 court decisions — leading case Kentucky Association for Retarded Citizens, Inc. v. Peter Conn, Secretary, Kentucky Department for Human Resources (1982)

Most recently applied in Commonwealth, Cabinet for Health & Family Services v. Saint Joseph Health System, Inc. (May 2017)

Effective: March 27, 2025 History: Amended 2025 Ky

(1) KRS 205.510 to 205.630 shall be known as the "Medical Assistance Act." (2) The General Assembly of the Commonwealth of Kentucky recognizes and declares that it is an essential function, duty, and responsibility of the state government to provide medical care to its indigent citizenry; and it is the purpose of KRS 205.510 to 205.630 to provide such care.

(3) Further, it is the policy of the Commonwealth to take advantage of federal funds that may be available for medical assistance. To qualify for federal funds the secretary for health and family services may, except as provided in KRS 205.5372, by regulation comply with any requirement that may be imposed or opportunity that may be presented by federal law. Nothing in KRS 205.510 to 205.630 is intended to limit the secretary's power in this respect.

(4) It is the intention of the General Assembly to comply with the provisions of Title XIX of the Social Security Act which require that the Kentucky Medical Assistance Program recover from third parties which have a legal liability to pay for care and services paid by the Kentucky Medical Assistance Program.

(5) The Kentucky Medical Assistance Program shall be the payor of last resort and its right to recover under KRS 205.622 to 205.630 shall be superior to any right of reimbursement, subrogation, or indemnity of any liable third party.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.