§ 40-6-9 - Assignment of child, spousal and medical support rights.
SECTION 40-6-9
§ 40-6-9 Assignment of child, spousal andmedical support rights. – (a) An applicant for or recipient of public assistance under this chapter orunder title XIX of the federal Social Security Act, 42 U.S.C. § 1396 etseq., for and on behalf of himself or herself and for and on behalf of a childor children, shall be deemed, without the necessity of signing any document, tohave made an assignment to the department of human services of any and allrights and interests in any cause of action, past, present, or future, that theapplicant or recipient may have against any person failing to or obligated toprovide for the support, maintenance, and medical care of the applicant,recipient, and/or minor child or children, for the period of time thatassistance is being paid by the department; the department shall be subrogatedto any and all rights, title, and interest the applicant or recipient may haveagainst any and all property belonging to the obligated or non-supportingperson in the enforcement of any claim for child, spousal, and medical support,whether liquidated through court order or not. The applicant or recipient shallalso be deemed, without the necessity of signing any document, to haveappointed the department of human services as his or her true and lawfulattorney in fact to act in his or her name, place, and stead to perform thespecific act of instituting suit to establish paternity or secure support andmedical care, collecting any and all amounts due and owing for child, spousal,and medical support, endorsing any and all drafts, checks, money orders, orother negotiable instruments representing support payments which are receivedby the department, and retaining any portion thereof permitted under federaland state statutes as reimbursement for financial and medical assistancepreviously paid to or for the recipient, child, or children.
(b) An applicant for or a recipient of medical assistanceprovided by the department pursuant to this chapter, chapter 5.1, or chapter 8of this title or title XIX of the federal Social Security Act, 42 U.S.C. §1396 et seq., for and on behalf of himself or herself, and for and on behalf ofany other person for whom he or she may legally assign rights to any medicalsupport or any other medical care, shall be deemed, without the necessity ofsigning any document, to have made an assignment to the department of humanservices of any and all rights and interests that he, she, or such other personmay have: (1) to payment for any medical support; and (2) to payment for anymedical care from any third party.
(c) In addition to the assignments provided in subsections(a) and (b) of this section, an applicant for or a recipient of financialassistance provided by the department pursuant to this chapter, whenever theassistance is necessary by reason of accident, injury, or illness for which athird party may be liable, for and on behalf of himself or herself, and for andon behalf of any other person for whom he or she may legally act, shall bedeemed, without the necessity of signing any document, to have assigned to thedepartment of human services, from amounts recovered or recoverable from anythird party, an amount of money equal to the amount of financial assistanceprovided as a result of the accident, illness, or injury.
(d) With respect to an assignment established pursuant tothis section, an applicant or recipient shall provide to the department ofhuman services and/or the division of taxation within the department ofadministration all relevant information regarding the rights assigned, andshall execute any documents relating thereto, in accordance with rules andregulations to be adopted by the department.
(e) With respect to any assignment of rights for medical orfinancial support or recoveries under this section, the department of humanservices shall be considered to have acquired the rights of such individual topayment by any third party for such medical care and support, and financialsupport.