SECTION 354.2311. Applicant and Recipient Assignment of Rights

(a) As a condition for eligibility, each applicant for or recipient of Medicaid benefits assigns to HHSC his or her rights, or the rights of any other individual eligible for Medicaid benefits under the State Plan for whom he or she can legally make an assignment, to medical support and any payment from a third party resource.

(b) No separate assignment from the applicant or recipient is required by HHSC to enforce HHSC's right to recover amounts paid by HHSC for the recipient's medical care.

(c) HHSC's right of recovery against a third party resource is limited to the amount paid by HHSC on all claims submitted for Medicaid-covered services by Medicaid providers for a recipient's medical care.

(d) HHSC's right of recovery against a third party resource includes the ability to seek reimbursement from settlement amounts representing past or future payments for medical care.

Source Note: The provisions of this §354.2311 adopted to be effective April 30, 1999, 24 TexReg 3083; transferred effective September 1, 2001, as published in the Texas Register May 24, 2002, 27 TexReg 4562; amended to be effective March 28, 2004, 29 TexReg 2867; amended to be effective February 22, 2024, 49 TexReg 855