1405.1 The Office of Attorney General (OAG), with the concurrence of the Director, may waive, in whole or in part, enforcement of the District's claim against a third-party if enforcement in a particular case would not be cost effective or would result in undue hardship to the beneficiary, including any dependents or survivors of the actual recipient of health-care assistance.

1405.2 If waiver is based on the avoidance of undue hardship, OAG may in addition void the legal subrogation or assignment effected pursuant to §1400.2.

1405.3 In determining whether and to what extent reimbursement should be sought or awarded under D.C. Official Code § 4-604, OAG shall give due consideration to the extent of the beneficiary's injuries and his or her current and future medical needs, including the current and future needs of any dependents or survivors of the actual recipient of health-care assistance.

SOURCE: Final Rulemaking published at 33 DCR 1320 (March 7, 1986); as amended by Final Rulemaking published at 73 DCR 006110 (April 17, 2026).