New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter E - Medical Care
Article 5 - Procedures and Forms
Part 542 - Subrogated Claims To Liable Third Parties
Section 542.1 - Claims to which social services officials are subrogated
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Pursuant to the Social Services Law, the department, a social services district or a social services official may become subrogated to any rights a person or such person's legally responsible relative may have to health insurance, other medical care coverage, medical support or third party reimbursement as a result of:
(b) Pursuant to section 3212 (e)(3) and (4) of the Insurance Law, any right of subrogation to benefits which the department, a social services district or a social services official is entitled is valid and enforceable to the extent that benefits are available under an insurance policy or contract and the right of subrogation attaches to any benefits paid or provided under any policy, plan or contract upon receipt of a written notice of the exercise of such subrogation rights.
(c) When the department, a social services district or a social services official is subrogated to the right to receive third party reimbursement, claims for such reimbursement may be submitted to liable third parties by representatives or agents of the department, a social services district or a social services official. When a third party is liable for the reimbursement of such claims, the payment of such reimbursement must be made in any lawful manner specified by such representatives or agents.
