SECTION 357.501. Basis and Purpose

(a) This section implements the obligation of the Texas Department of Human Services (DHS) under federal and state law to:

(1) set forth the requirements of Medicaid applicants and recipients, and representatives of applicants and recipients, regarding assignment of causes of action against third parties, or their insurer(s), responsible for injury to the applicant or recipient that requires medical care and/or services for which the third party or the third party's insurer is legally obligated to pay; and

(2) establish the priority of distributions of third-party recoveries among DHS, the federal government, and the recipient.

(b) This chapter does not address DHS's right of recovery under:

(1) §1917(d)(4) of the Social Security Act (codified at 42 U.S.C. §1396p(d)(4)); or

(2) third-party contracts with insurers obligated to pay for health care for the recipient.

Source Note: The provisions of this §357.501 adopted to be effective August 1, 2000, 25 TexReg 6779; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013