26B-3-1010. Action by department — Notice to recipient.
(1)
Terms Used In Utah Code 26B-3-1010
Medical assistance: means :
(a)
all funds expended for the benefit of a recipient under this chapter or Titles XVIII and XIX, federal Social Security Act; and
(b)
any other services provided for the benefit of a recipient by a prepaid health care delivery system under contract with the department. See Utah Code 26B-3-1001
an individual who has applied for or received medical assistance from the state;
(b)
the guardian, conservator, or other personal representative of an individual under Subsection (11)(a) if the individual is a minor or an incapacitated person; or
(c)
the estate and survivors of an individual under Subsection (11)(a), if the individual is deceased. See Utah Code 26B-3-1001
Third party: includes :
(a)
an individual, institution, corporation, public or private agency, trust, estate, insurance carrier, employee welfare benefit plan, health maintenance organization, health service organization, preferred provider organization, governmental program such as Medicare, CHAMPUS, and workers' compensation, which may be obligated to pay all or part of the medical costs of injury, disease, or disability of a recipient, unless any of these are excluded by department rule; and
(b)
a spouse or a parent who:
(i)
may be obligated to pay all or part of the medical costs of a recipient under law or by court or administrative order; or
(ii)
has been ordered to maintain health, dental, or accident and health insurance to cover medical expenses of a spouse or dependent child by court or administrative order. See Utah Code 26B-3-1001
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.
(a)
Within 30 days after commencing an action under Subsection 26B-3-1009(3), the department shall give the recipient, the recipient’s guardian, personal representative, trustee, estate, or survivor, whichever is appropriate, written notice of the action by:
(i)
personal service or certified mail to the last known address of the person receiving the notice; or
(ii)
if no last-known address is available, by publishing a notice:
(A)
once a week for three successive weeks in a newspaper of general circulation in the county where the recipient resides; and
(B)
in accordance with Section 45-1-101 for three weeks.
(b)
Proof of service shall be filed in the action.
(c)
The recipient may intervene in the department’s action at any time before trial.
(2)
The notice required by Subsection (1) shall name the court in which the action is commenced and advise the recipient of:
(a)
the right to intervene in the proceeding;
(b)
the right to obtain a private attorney; and
(c)
the department’s right to recover medical assistance directly from the third party.
Renumbered and Amended by Chapter 306, 2023 General Session
