Sec. 23. (a) In addition to the subrogation rights under section 22 of this chapter, the state is entitled to a lien in the amount of the award on a recovery made by or on behalf of the claimant.

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Terms Used In Indiana Code 5-2-6.1-23

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • claimant: means any of the following individuals filing an application for assistance under this chapter:

    Indiana Code 5-2-6.1-1

  • Lien: A claim against real or personal property in satisfaction of a debt.
     (b) The state may:

(1) recover the amount under subsection (a) in a separate action; or

(2) intervene in an action brought by or on behalf of the claimant.

     (c) If the claimant brings the action, the claimant may deduct from the money owed to the state under the lien the state’s pro rata share of the reasonable expenses for the court suit, including attorney‘s fees of not more than fifteen percent (15%).

As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.12; P.L.161-2013, SEC.4; P.L.113-2014, SEC.9.

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