(1) Upon payment of a claim for necessary medical services pursuant to this chapter, the obligated county and the board making such payment shall become jointly subrogated to all the rights of the hospital and other providers and to all rights of the medically indigent resident against any third parties who may be the cause of or liable for such necessary medical services. The board may pursue collection of the county’s and the board’s subrogation interests.
(2) Upon any recovery by the recipient against a third party, the obligated county and the board shall pay or have deducted from their respective subrogated portion thereof, a proportionate share of the costs and attorney’s fees incurred by the recipient in obtaining such recovery, provided that such proportionate share shall not exceed twenty-five percent (25%) of the subrogated interest unless one (1) or more of the following circumstances exist:
(a) Otherwise agreed.
(b) If prior to the date of a written retention agreement between the recipient and an attorney, the obligated county and the board have reached an agreement with the third party, in writing, agreeing to pay in full the county and the board’s subrogated interest.
Terms Used In Idaho Code 31-3510
- Board: means the board of the catastrophic health care cost program, as established in section 31-3517, Idaho Code. See Idaho Code 31-3502
- Hospital: means a facility licensed and regulated pursuant to sections 39-1301 through 39-1314, Idaho Code, or an out-of-state hospital providing necessary medical services for residents of Idaho, wherein a reciprocal agreement exists, in accordance with section 31-3503B, Idaho Code, excluding state institutions. See Idaho Code 31-3502
- Medically indigent: means any person who is in need of necessary medical services and who, if an adult, together with his or her spouse, or whose parents or guardian if a minor or dependent, does not have income and other resources available to him from whatever source sufficient to pay for necessary medical services. See Idaho Code 31-3502
- Necessary medical services: means health care services and supplies that:
Idaho Code 31-3502
Recipient: means an individual determined eligible for financial assistance under this chapter. See Idaho Code 31-3502 Resident: means a person with a home, house, place of abode, place of habitation, dwelling or place where he or she actually lived for a consecutive period of thirty (30) days or more within the state of Idaho. See Idaho Code 31-3502
(3) The obligated county and the board shall have joint subrogated interests in proportion to the amount each has paid.