§9-5-11. Definitions; Assignment of Rights; Right of Subrogation by the Department for Third-Party Liability; Notice Requirement for Claims and Civil Actions; Notice Requirement for Settlement of Third-Party Claim; Penalty for Failure to Notify the Department; Provisions Related to Trial; Attorneys Fees; Class Actions and Multiple Plaintiff Actions Not Authorized; and Secretary’s Authority to Settle
(a) Definitions. As used in this section, unless the context otherwise requires: (1) “Bureau” means the Bureau for Medical Services.
§9-5-11a. Notice of Action or Claim
If either the medical assistance recipient or the Department of Health and Human Resources brings an action or claim against a third person, the recipient, his attorney or such department shall, within thirty days of filing the action, give to the other written notice of the action or claim by certified mail. This notice shall […]
§9-5-11b. Release of Information
(a) All recipients of medical assistance under the Medicaid program are considered to have authorized all third parties, including, but not limited to, insurance companies and providers of medical care, to release to the Department of Health and Human Resources information needed by the department to secure or enforce its rights as assignee under this […]
§9-5-11c. Right of the Department of Health and Human Resources to Recover Medical Assistance
(a) Upon the death of a person who was fifty-five years of age or older at the time the person received welfare assistance consisting of nursing facility services, home and community-based services, and related hospital and prescription drug services, the Department of Health and Human Resources, in addition to any other available remedy, may file […]
§9-5-6. Attorney General and Prosecuting Attorneys to Render Legal Services to Commissioner
The Attorney General of the state and his assistants, and the prosecuting attorneys of the various counties shall render to the commissioner, without additional compensation, such legal services as he shall require of them in the discharge of his duties. This section shall not be construed to prohibit the department from developing plans for cooperation […]
§9-5-7. Visitation by County Employees
Health officers, physicians, and nurses employed by the county shall, at the request of the commissioner, make home visits to indigent persons.
§9-5-8. Authority to Examine Witnesses, Administer Oaths and Take Affidavits
The commissioner and employees of the department of welfare shall have the power and authority to administer oaths, examine witnesses and take and certify affidavits in any matter or thing pertaining to the business of the department of welfare.
§9-5-8a. Authority to Subpoena Witnesses and Documents When Investigating the Provision of Medical Assistance Programs
The commissioner and every duly appointed hearing examiner shall have the power to apply, on behalf of any party, to the circuit court of the county in which the hearing is to be held, or the circuit court in which the subpoena or subpoena duces tecum is to be served, or the judge of either […]
§9-5-8b. Authority of Investigations and Fraud Management Division to Subpoena Witnesses and Documents
(a) When the Investigations and Fraud Management Division of the Office of the Inspector General, which is charged with investigating welfare fraud and intra-agency employee misconduct, has credible information that indicates a person has engaged in an act or activity related to Department of Health and Human Resources programs, benefits or intra-agency employee misconduct which […]
§9-5-1. Exemption of Grants From Certain Taxes and Claims
Grants of all classes of welfare assistance received under the provisions of this chapter shall be exempted from the collection of taxes except sales taxes, from levy of execution, garnishment, suggestion, and any other legal process.