- (1) Section 26B-1-202 authorizes the Department of Health and Human Services to create rules necessary for social services. Section 26B-9-108 authorizes the Office of Recovery Services (ORS) to adopt, amend, and enforce rules.
- (2) The purpose of this rule is to specify ORS's participation in meeting the requirements for a state plan in regards to third-party liability. Federal regulations 42 CFR 33.135 through 433.154 require a state agency to establish and administer a third-party liability program, and specify the requirements for a state plan concerning third-party liability. Section 26B-3-1002 authorizes a third-party liability Medicaid recovery program and establishes the legal liabilities of third parties and recipients. Section 26B-3-119 allows the department to enforce public assistance statutes.
KEY: Medicaid, debt
Date of Last Change: August 14, 2023
Notice of Continuation: July 28, 2025
Authorizing, and Implemented or Interpreted Law: 26-19-103; 26-18-8; 26B-9-108; 26B-1-202; 42 CFR 433.135 through 433.154