Alaska Statutes
Alaska Stat. § 47.05.070 (2026)
Third party liability subrogation
✓ current as of July 2026
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Sec. 47.05.070. Third party liability subrogation.
(a) The department may not pay medical claims that are payable by a third party payor. Medical providers shall attempt collection from the third party payor before billing Medicaid. Before payment by Medicaid, evidence of third-party denial or partial payment shall be presented with the claim.
(b) When the department provides or pays for medical assistance for injury or illness under this title, the department is subrogated to not more than the part of an insurance payment or other recovery by the recipient that is for medical expenses provided by the department. Notwithstanding the assertion of any action or claim by the recipient of medical assistance, the department may bring an action in the superior court against an alleged third-party payor to recover an amount subrogated to the department for medical assistance provided on behalf of a recipient.
(c) If a recipient of medical assistance under this title settles a claim or obtains an award or judgment arising from the injury or illness for which the medical assistance was received, the amount of the claim to which the department is entitled under (b) of this section shall be reduced by a pro rata share of the attorney fees and litigation costs. Regardless of the manner in which the amount of the attorney fees is derived in the particular case, the pro rata reduction of the subrogated claim for reimbursement of attorney fees shall be calculated in accordance with the applicable rules of court governing the award of attorney fees in civil matters.
(d) The department is authorized to enter into contracts for the collection of medical expenses already paid by Medicaid from potential third-party payors. The department may pay, from the funds recovered by the contractor, any amounts owing to the federal government as its share of the Medicaid paid claim, and the costs of collecting the funds.
(e) [Repealed, § 9 ch 96 SLA 2006.]
(f) The department may adopt regulations to interpret and implement this section.
(a) The department may not pay medical claims that are payable by a third party payor. Medical providers shall attempt collection from the third party payor before billing Medicaid. Before payment by Medicaid, evidence of third-party denial or partial payment shall be presented with the claim.
(b) When the department provides or pays for medical assistance for injury or illness under this title, the department is subrogated to not more than the part of an insurance payment or other recovery by the recipient that is for medical expenses provided by the department. Notwithstanding the assertion of any action or claim by the recipient of medical assistance, the department may bring an action in the superior court against an alleged third-party payor to recover an amount subrogated to the department for medical assistance provided on behalf of a recipient.
(c) If a recipient of medical assistance under this title settles a claim or obtains an award or judgment arising from the injury or illness for which the medical assistance was received, the amount of the claim to which the department is entitled under (b) of this section shall be reduced by a pro rata share of the attorney fees and litigation costs. Regardless of the manner in which the amount of the attorney fees is derived in the particular case, the pro rata reduction of the subrogated claim for reimbursement of attorney fees shall be calculated in accordance with the applicable rules of court governing the award of attorney fees in civil matters.
(d) The department is authorized to enter into contracts for the collection of medical expenses already paid by Medicaid from potential third-party payors. The department may pay, from the funds recovered by the contractor, any amounts owing to the federal government as its share of the Medicaid paid claim, and the costs of collecting the funds.
(e) [Repealed, § 9 ch 96 SLA 2006.]
(f) The department may adopt regulations to interpret and implement this section.
Notes of Decisions
Cited in 4
cases, 1998–2010 · leading case: Loncar v. Gray, 28 P.3d 928 (Alaska 2001).
Loncar v. Gray, 28 P.3d 928 (Alaska 2001). “See AS 47.05.070(b) (establishing Medicaid's subrogation rights to awards or judgments received by aid recipients).”
Roberts v. Total Health Care, Inc., 709 A.2d 142 (Md. 1998). “Code § 22-6-6 (1997); Alaska Stat. § 47.05.070 (1996); Colo. Rev.”
State v. Peters, 946 A.2d 1231 (Conn. 2008). “See Alaska Stat. §§ 47.05.070 (c) and 47.05.075 (2006); Ark.”
Mat-Su Reg'l Med. Ctr., LLC v. Burkhead, 225 P.3d 1097 (Alaska 2010). “450 provides in part: (a) An operator of a hospital in the state, a licensed special nurse in a hospital in the state, or a physician who furnishes service to a person who has a traumatic injury has a lien upon any sum awarded to the injured person or the personal representative…”
— Alaska Stat. § 47.05.070(b) — 2 cases
Loncar v. Gray, 28 P.3d 928 (Alaska 2001). “See AS 47.05.070(b) (establishing Medicaid's subrogation rights to awards or judgments received by aid recipients).”
Mat-Su Reg'l Med. Ctr., LLC v. Burkhead, 225 P.3d 1097 (Alaska 2010). “450 provides in part: (a) An operator of a hospital in the state, a licensed special nurse in a hospital in the state, or a physician who furnishes service to a person who has a traumatic injury has a lien upon any sum awarded to the injured person or the personal representative…”
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