In any case in which the department renders medical services to a person who is injured or suffers from a disease, after July 1, 1977, under circumstances creating a tort liability upon some third person to pay damages therefor, the board may recover from any third person the reasonable value of the services so furnished or to be furnished and shall, as to this right, be subrogated to any right or claim that the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors has against such third person to the extent of the reasonable value of the services so furnished or to be furnished. The commissioner may also require the injured or diseased person, his guardian, personal representative, estate, dependents or survivors, as appropriate, to assign his claim or cause of action against the third person to the extent of that right or claim.
Effective: July 1, 1977

Terms Used In Kentucky Statutes 212.631

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

History: Created 1976 Ky. Acts ch. 347, sec. 5, effective July 1, 1977.

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