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MI HB6361
Bill
Status
12/31/2018
Primary Sponsor
Edward Canfield
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AI Summary
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Requires individuals receiving medical assistance, their representatives, or legal counsel to notify the Michigan Department of Health and Human Services and contracted health plans within 30 days when filing complaints or seeking settlements in cases where the department may have a right to recover Medicaid expenses.
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Establishes that the department has first priority to recover expenses from settlement or judgment proceeds, followed by contracted health plans, with equal sharing of net recovery if the individual would receive less than expenses paid.
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Imposes a $1,000 civil fine per violation on attorneys who knowingly fail to timely notify the department or contracted health plan of legal actions.
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Requires the department and contracted health plans to provide a written itemization of Medicaid expenses within 30 days of receiving notice, with failure to do so discharging the individual's obligation to protect the subrogation interest.
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Clarifies that individuals cannot release the department's or contracted health plans' claims against third parties or insurers without their consent, and defines subrogation procedures for medical assistance recovery in personal injury cases.
Legislative Description
Human services; medical services; requirement to notify department of health and human services of legal action in which Medicaid may have a right to recover; expand. Amends sec. 106 of 1939 PA 280 (MCL 400.106).
Human services: medical services
Last Action
Assigned Pa 511'18 With Immediate Effect
12/31/2018