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305 ILCS 5/11-22a
(305 ILCS 5/11-22a) (from Ch. 23, par. 11-22a)
Sec. 11-22a. Right of Subrogation. To the extent of the amount of (i) medical
assistance provided by the Department to or on behalf of a recipient under
Article V or VI, (ii) health care benefits provided for a child under the Covering ALL KIDS Health Insurance Act, or (iii) health care benefits provided to a veteran under the Veterans' Health Insurance Program Act or the Veterans' Health Insurance Program Act of 2008, the Department shall be
subrogated
to any right of
recovery such recipient may have under the terms of any private or public
health care coverage or casualty coverage, including coverage under the
"Workers' Compensation Act", approved July 9, 1951, as amended, or the
"Workers' Occupational Diseases Act", approved July 9, 1951, as amended,
without the necessity of assignment of claim or other authorization to secure
the right of recovery to the Department. To enforce its subrogation right, the
Department may (i) intervene or join in an action or proceeding brought by the
recipient, his or her guardian, personal representative, estate, dependents, or
survivors against any person or public or private entity that may be liable;
(ii) institute and prosecute legal proceedings against any person or public or
private entity that may be liable for the cost of such services; or (iii)
institute and prosecute legal proceedings, to the extent necessary to reimburse
the Illinois Department for its costs, against any noncustodial parent who (A)
is required by court or administrative order to provide insurance or other
coverage of the cost of health care services for a child eligible for medical
assistance under this Code and (B) has received payment from a third party for
the costs of those services but has not used the payments to reimburse either
the other parent or the guardian of the child or the provider of the services.
(Source: P.A. 94-693, eff. 7-1-06; 94-816, eff. 5-30-06; 95-755, eff. 7-25-08.)
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