§ 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.
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