§ 50771. Recovery of Third Party Payments.

(a) A beneficiary shall reimburse the Department for any payment received for health care services which were paid by Medi-Cal, if the payment received by the beneficiary is made by either of the following:

(1) A federal or state program.

(2) A legal or contractual entitlement.

(b) A beneficiary who receives health care services as a result of an accident or injury caused by some other person's action or failure to act shall furnish the Department with an assignment of rights to receive payment for those services, if those services will be billed to Medi-Cal. If the beneficiary is unable to make the assignment, the beneficiary's guardian, attorney or the person acting on the beneficiary's behalf shall do so.

(c) The Department may file a lien against the property of a beneficiary if the beneficiary fails to comply with the requirement in (b).

(d) The county department shall provide the following written information to the Department of Benefit Payments concerning a beneficiary who may meet the conditions of (b).

(1) The name and address of the beneficiary.

(2) The name and address of the:

(A) Attorney handling the case.

(B) Insurance carriers responsible for payment.

HISTORY

1. Amendment of subsection (c) filed 12-31-83 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-30-83.

2. Certificate of Compliance transmitted to OAL 4-29-83 and filed 6-3-83 (Register 83, No. 23).

Note

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code; and Section 87, Chapter 1594, Statutes of 1982. Reference: Section 14006, Welfare and Institutions Code.