HARRY HUGHES, Governor

757

The only changes are in style.

15-120. SUBROGATION CLAIMS.

(A) IN GENERAL.

IF A PROGRAM RECIPIENT HAS A CAUSE OF ACTION AGAINST A
PERSON, THE DEPARTMENT SHALL BE SUBROGATED TO THAT CAUSE OF
ACTION TO THE EXTENT OF ANY PAYMENTS MADE BY THE DEPARTMENT
ON BEHALF OF THE PROGRAM RECIPIENT THAT RESULT FROM THE
OCCURRENCE THAT GAVE RISE TO THE CAUSE OF ACTION.

(B) HOLDING MONEY FOR DEPARTMENT.

(1)  ANY PROGRAM RECIPIENT OR ATTORNEY, GUARDIAN,
OR PERSONAL REPRESENTATIVE OF A PROGRAM RECIPIENT WHO
RECEIVES MONEY IN SETTLEMENT OF OR UNDER A JUDGMENT OR AWARD
IN A CAUSE OF ACTION IN WHICH THE DEPARTMENT HAS A
SUBROGATION CLAIM SHALL HOLD THAT MONEY, FOR THE BENEFIT OF
THE DEPARTMENT, TO THE EXTENT REQUIRED FOR THE SUBROGATION
CLAIM, AFTER DEDUCTING APPLICABLE ATTORNEY FEES AND
LITIGATION COSTS.

(2)  A PERSON WHO, AFTER WRITTEN NOTICE OF A
SUBROGATION CLAIM AND POSSIBLE LIABILITY UNDER THIS
PARAGRAPH, DISPOSES OF THE MONEY, WITHOUT THE WRITTEN
APPROVAL OF THE DEPARTMENT, IS LIABLE TO THE DEPARTMENT FOR
ANY AMOUNT THAT, BECAUSE OF THE DISPOSITION, IS NOT
RECOVERABLE BY THE DEPARTMENT.

(3)  THE DEPARTMENT MAY COMPROMISE OR SETTLE AND
RELEASE ITS SUBROGATION CLAIM IF, IN ITS JUDGMENT,
COLLECTION OF THE CLAIM WILL CAUSE SUBSTANTIAL HARDSHIP:

(I)  TO THE PROGRAM RECIPIENT; OR

(II)   IN A WRONGFUL DEATH ACTION, TO THE
SURVIVING DEPENDENTS OF A DECEASED PROGRAM RECIPIENT.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 42C.

The only changes are in style.

Defined terms: "Department" § 1-101

"Person" § 1-101 "Program recipient" § 15-101

15-121. CLAIMS AGAINST ESTATES.

(A) IN GENERAL.

IN ACCORDANCE WITH APPLICABLE FEDERAL LAW AND RULES AND
REGULATIONS, INCLUDING THOSE UNDER TITLE XIX OF THE SOCIAL
SECURITY ACT, THE DEPARTMENT MAY MAKE CLAIM AGAINST THE
ESTATE OF A DECEASED PROGRAM RECIPIENT FOR THE AMOUNT OF ANY