20-77-303. Action by division and recipient.

Arkansas Code — all titles (historical 2020) · legal_authorities

20-77-303. Action by division and recipient.

20-77-303. Action by division and recipient. (a) If an action is prosecuted both by the medical assistance recipient and the division against a third party who is or may be liable for injury, disease, disability, or death of the medical assistance recipient, then in the event of judgment or award in a suit or claim against the third party, the court shall first order paid from any judgment or award the reasonable litigation expenses incurred in prosecution of the action or claim, together with reasonable attorney's fees based solely on the services rendered for the benefit of the recipient. (b) After payment of expenses and attorney's fees, the court shall order that the division receive an amount sufficient to reimburse the division the full amount of benefits paid on behalf of the recipient under the medical assistance program. (c) The remainder shall be awarded to the medical assistance recipient.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-77-303

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.