If the department has made payments in behalf of a recipient, providers and recipients must reimburse the department when a payment is received from a third-party liability source. The total reimbursement must be either the amount of the third-party payment for services paid by the department or the amount paid by the department, whichever is less.

If a recipient employs an attorney to establish a third-party liability source and the attorney collects from that source, the department may participate in the payment of the attorney's fees and expenses by reducing the amount of the reimbursement due the department.

Source: 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 16 SDR 226, effective June 24, 1990.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.