1.    Each applicant or recipient of benefits under this chapter must be deemed to have assigned, to the department, any right of recovery the applicant or recipient may have for medical costs incurred under this chapter not exceeding the amount of funds expended by the department for the care and treatment of the applicant or recipient. The applicant or recipient, or other person empowered by law to act in the applicant’s or recipient’s behalf, shall execute and deliver an assignment of claim, assignment of rights, or other authorizations as necessary to secure fully the right of recovery of the department. The assignment:

Terms Used In North Dakota Code 50-24.1-02.1

  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

a.    Is effective as to both current and accrued medical support recovery obligations.

b.    Takes effect upon a determination that an applicant is eligible for assistance under this chapter.

2.    The department may compromise claims arising out of assignments made under this section on such terms as it may deem just and appropriate. The department may not be compelled to compromise any claim.