S.C. Code Ann. § 43-7-430 – Subrogation to State Health and Human Services Finance Commission of right to recover amount paid by Medicaid from third party or private insurer | Midpage
§ 43-7-430
S.C. Code Ann. § 43-7-430
Subrogation to State Health and Human Services Finance Commission of right to recover amount paid by Medicaid from third party or private insurer
(A) The State Health and Human Services Finance Commission shall be automatically subrogated, only to the extent of the amount of medical assistance paid by Medicaid, to the rights an applicant or recipient may have to recover such amounts so paid by Medicaid from any third party or private insurer. The applicant or recipient shall cooperate fully with the State Health and Human Services Finance Commission and shall do nothing after medical assistance is provided to prejudice the subrogation rights of the State Health and Human Services Finance Commission.
(B) An applicant's and recipient's determination of, and continued eligibility for, medical assistance under Medicaid is contingent upon his cooperation with the Commission in its efforts to enforce its subrogation rights. Cooperation includes, but is not limited to, reimbursing the Commission from proceeds or payments received by the recipient from any third party or private insurer.
(C) Every applicant or recipient is considered to have authorized all persons, including insurance companies and providers of medical care, to release to the Commission all information needed to enforce the subrogation rights of the Commission.