287.266. Payments made to public assistance recipients to be a debt due state, recovery by state--attorney's fees--assignment of rights--apportionment by judge, when.

MISSOURI STATUTES AND CODES

287.266. Payments made to public assistance recipients to be a debt due state, recovery by state--attorney's fees--assignment of rights--apportionment by judge, when.

Payments made to public assistance recipients to be a debt due state,recovery by state--attorney's fees--assignment ofrights--apportionment by judge, when.

287.266. 1. As used in this section, the following termsmean:

(1) "Provider", any individual, corporation, public orprivate entity that has entered into an agreement with the stateto provide any service set out in section 208.152, RSMo, andsubsequent amendments;

(2) "Person eligible for public assistance", any individualwho is or was eligible for medical assistance under the laws ofthis state.

2. Payments made to or on behalf of a person eligible forpublic assistance as the result of any compensable injury,occupational disease or disability as defined by this chaptershall be a debt due the state, and recovery of same shall be arecognized action pursuant to this chapter.

3. The state shall have a lien upon any funds owed by anyemployer that are or might be due under any insurance agreementor self-insurance authority in effect at the time the medicalexpense or any portion thereof was paid by the department ofsocial services or its designated division.

4. The state shall have a right of subrogation to any fundsowed to or received by the employee or any person, corporation,public agency or private agency acting on his behalfnotwithstanding any other provisions of this chapter.

5. The department of social services or its designateddivision may maintain an appropriate action to recover funds dueunder this section pursuant to the workers' compensation law orthe second injury fund, which includes the exercise of all appealrights afforded by the laws of this state.

6. The department shall have a right to recover the fullamount of its payments when payments are made to a provider underthis chapter if the payments were made on behalf of a personeligible for public assistance for an injury, occupationaldisease, or disability which is compensable under this chapter.

7. This debt due the state shall be subordinate only to thefee rights of the injured employee's attorney pursuant to thischapter, and the state shall not be required to pay any portionof the fees or costs incurred by the employee or the employer.

8. Application for and acceptance of public assistance madeto or on behalf of the injured employee shall constitute anassignment of rights to the department of social services forreimbursement of funds expended by the department of socialservices in the treatment of a compensable injury.

9. The attorney shall notify the department of socialservices upon representation of each client who was eligible forpublic assistance as provided by sections 208.151 to 208.159,RSMo, and section 208.162, RSMo, prior to, during or subsequentto the date of injury, that the attorney was retained to pursuethe client's legal rights related to the compensable injury.

10. The administrative law judge, pursuant to authoritygranted under section 287.610, shall apportion the debt due thestate between the injured worker and the injured worker'semployer or their designated representatives when an agreementcannot be reached regarding the respective liability for moneyexpended by the department of social services on behalf of theinjured employee, but in no case shall the debt due the state bereduced.