HOUSE BILL No. 4816


     May 24, 2001, Introduced by Reps. Hart, Switalski, Rivet, Ruth Johnson, Pestka and Kooiman and referred to the Committee on Health Policy.


        A bill to amend 1939 PA 280, entitled

   "The social welfare act,"

   (MCL 400.1 to 400.119b) by adding section 106a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 106A.  THE DEPARTMENT OF COMMUNITY HEALTH IS SUBROGATED

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      TO A RIGHT OF RECOVERY THAT A PATIENT HAS FOR THE COST OF HOSPI-

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      TALIZATION, PHARMACEUTICAL SERVICES, PHYSICIAN SERVICES, NURSING

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      SERVICES, AND OTHER MEDICAL SERVICES NOT TO EXCEED THE AMOUNT OF

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      MONEY EXPENDED BY THE DEPARTMENT OF COMMUNITY HEALTH FOR THE CARE

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      AND TREATMENT OF THE PATIENT.  THE PATIENT OR OTHER PERSON ACTING

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      IN THE PATIENT'S BEHALF SHALL EXECUTE AND DELIVER AN ASSIGNMENT

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      OF CLAIM OR OTHER AUTHORIZATION AS NECESSARY TO SECURE THE RIGHT

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      OF RECOVERY TO THE DEPARTMENT.  A PAYMENT MAY BE WITHHELD UNDER

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      THIS ACT FOR MEDICAL ASSISTANCE FOR AN INJURY OR DISABILITY FOR

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      WHICH THE PATIENT IS ENTITLED TO MEDICAL CARE OR REIMBURSEMENT


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      FOR THE COST OF MEDICAL CARE UNDER CHAPTER 31 OF THE INSURANCE

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      CODE OF 1956, 1956 PA 218, MCL 500.3101 TO 500.3179, OR UNDER

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      ANOTHER POLICY OF INSURANCE PROVIDING MEDICAL OR HOSPITAL BENE-

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      FITS, OR BOTH, FOR ANOTHER THE PATIENT UNLESS THE PATIENT'S ENTI-

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      TLEMENT TO THAT MEDICAL CARE OR REIMBURSEMENT IS AT ISSUE.  IF A

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      PAYMENT IS MADE, THE DEPARTMENT OF COMMUNITY HEALTH, TO ENFORCE

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      ITS SUBROGATION RIGHT, MAY DO EITHER OF THE FOLLOWING:

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           (A) INTERVENE OR JOIN IN AN ACTION OR PROCEEDING BROUGHT BY

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      THE INJURED, DISEASED, OR DISABLED PERSON, OR THE PERSON'S GUARD-

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      IAN, PERSONAL REPRESENTATIVE, ESTATE, DEPENDENTS, OR SURVIVORS,

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      AGAINST THE THIRD PERSON WHO MAY BE LIABLE FOR THE INJURY, DIS-

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      EASE, OR DISABILITY OR AGAINST PUBLIC OR PRIVATE CONTRACTORS WHO

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      MAY BE LIABLE TO PAY OR PROVIDE MEDICAL CARE AND SERVICES

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      RENDERED TO AN INJURED, DISEASED, OR DISABLED PATIENT.

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           (B) INSTITUTE AND PROSECUTE A LEGAL PROCEEDING AGAINST A

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      THIRD PERSON WHO MAY BE LIABLE FOR THE INJURY, DISEASE, OR DIS-

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      ABILITY OR AGAINST A PUBLIC OR PRIVATE CONTRACTOR WHO MAY BE

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      LIABLE TO PAY OR PROVIDE MEDICAL CARE AND SERVICES RENDERED TO AN

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      INJURED, DISEASED, OR DISABLED PATIENT, IN STATE OR FEDERAL

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      COURT, EITHER ALONE OR IN CONJUNCTION WITH THE INJURED, DISEASED,

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      OR DISABLED PERSON OR THE PERSON'S GUARDIAN, PERSONAL REPRESENTA-

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      TIVE, ESTATE, DEPENDENT, OR SURVIVOR.

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           Enacting section 1.  This amendatory act does not take

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      effect unless all of the following bills of the 91st Legislature

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      are enacted into law:

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           (a) Senate Bill No. _____ or House Bill No. 4817 (request

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      no. 00899'01 *).



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           (b) Senate Bill No. _____ or House Bill No. 4815 (request

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      no. 03546'01).




















































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