The Vermont Statutes Online

Title 33: Human Services

Chapter 67: MEDICARE ADVOCACY PROGRAM

33 V.S.A. § 6705 Subrogation



 

§ 6705. Subrogation

(a) Upon furnishing medical assistance under chapter 19 of this title to any individual, the Department of Vermont Health Access shall be subrogated, to the extent of the expenditure for medical care furnished, to any rights such individual may have to third party reimbursement for such care.

(b) The Department of Vermont Health Access or its designee shall be entitled to obtain from any medical service provider any records of the treatment of any individual covered by subsection (a) of this section which are in any way relevant to the treatment paid for through medical assistance without regard to any other privilege or right of confidentiality or privacy which may exist. The Department shall ensure that any records obtained are not released to any other individual, agency or other entity except insofar as is necessary to pursue the Department's rights of subrogation.

(c) The Department of Vermont Health Access may contract with a private attorney or attorneys, or other private persons, for the purpose of obtaining third party reimbursement for Medicaid expenditures under this section. In awarding contracts under this section, the Department shall give preference to bidders who maintain a place of business in this State. (Added 1989, No. 259 (Adj. Sess.), § 2; amended 1995, No. 152 (Adj. Sess.), § 5; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 129; 2009, No. 156 (Adj. Sess.), § I.78.)