Ariz. Rev. Stat. » Title 12

Ariz. Rev. Stat. § 12-962

Recovery of cost of medical care

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A. If this state or any of its political subdivisions provides medical care and treatment to a person who is injured or suffers from a disease under circumstances creating tort liability upon a third person, the state or political subdivision, either jointly or severally, may recover from the third person or the injured or diseased person the reasonable value of the medical care and treatment. To the extent of this right, this state or a political subdivision is subrogated to the injured or diseased person or the person's guardian, personal representative, estate, dependents or survivors with reference to any right or claim they might have against the third person. The head of the department or agency furnishing the medical care or treatment may require the injured or diseased person or the person's guardian, personal representative, estate, dependents or survivors to assign the claim or cause of action against the third person to the extent of the reasonable value of the medical care or treatment.

B. To enforce this right, the state or political subdivision may do the following:

1. Intervene or join in any action or proceeding brought by the injured or diseased person or the person's guardian, personal representative, estate, dependents or survivors against the third person who is liable for the injury or disease.

2. If an action or proceeding is not brought by the injured or diseased person, or the person's guardian, personal representative, estate, dependents or survivors within six months after the first day on which the medical care and treatment were furnished, institute and prosecute legal proceedings against the third person who is liable for the injury or disease for which the medical care and treatment were furnished. The action or proceeding may be brought in state or federal court, either in the name of the state or political subdivision, or in the name of the injured or diseased person or the person's guardian, personal representative, estate, dependents or survivors, or in conjunction with the injured or diseased person or the person's guardian, personal representative, estate, dependents or survivors.

3. Recover the cost of care from the injured or diseased person or the person's estate to the extent that such person has received money in settlement of the claim or satisfaction of a judgment against the third party.

C. If an action or proceeding is brought in the name of the state or political subdivision pursuant to subsection B, paragraph 2, the injured or diseased person or the person's guardian, personal representative, estate, dependents or survivors shall not be required to join the action or proceeding.

Notes of Decisions
Cited in 17 cases, 1989–2012 · leading case: Arizona Health Care Cost Containment System v. Bentley
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Arizona Health Care Cost Containment System v. Bentley (1996) arizctapp · cites it 22× “1989) (stating that "[t]he Arizona Legislature passed A.R.S. § 12-962 (Supp.1987) to provide state agencies like AHCCCS a variety of methods to seek reimbursement.”
Arizona Department of Administration v. Cox (2009) arizctapp · cites it 50× “ADOA demanded that the Coxes reimburse it for the amount the state had paid for the Coxes’ treatment, pursuant to A.R.S. § 12-962. The Coxes refused and ADOA sued them.”
Eaton v. Arizona Health Care Cost Containment System (2003) arizctapp · cites it 4× “See A.R.S. § 12-962(B). HCFA is then entitled by statute to recover its contribution to Eatons medical care from the third-party settlement.”
Arizona Health Care Cost Containment System v. Nelson (In Re Yakel) (1989) azd · cites it 10× “The Arizona Legislature passed A.R.S. § 12-962 (Supp.1987) to provide state agencies like AHCCCS a variety of methods to seek reimbursement.”
Maricopa County v. Barfield (2003) arizctapp · cites it 4× “¶ 5 In April 1999, Maricopa County filed this lawsuit against Jenkins, Barfield, Meyers & Williams, NPM, the Knights, Knight Equipment, and Reliance seeking in relevant part to both enfoi’ce the medical lien and recover monies pursuant to the Medical Care Cost Recovery Act,…”
Matter of Estate of Miles (1992) arizctapp · cites it 7× “The County complains that instead of ruling on the validity of its lien, the trial court proceeded to trial under § 12-962, a statute dealing with the recovery of the cost of medical care by the state or any of its political subdivisions when the treatment is for a person…”
Southwest Fiduciary, Inc. v. Arizona Health Care Cost Containment System Administration (2011) arizctapp · cites it 2× “In these consolidated cases, AHCCCS is not enforcing the victims’ rights by way of any assignment; rather than sue the tortfeasors in the names of the tort victims, it chose instead to enforce its lien rights against settlements the tort victims negotiated for themselves.”
State v. Peters (2008) conn “075 (2006); Ariz. Rev. Stat. Ann. § 12-962 (2003); Ark.”
Nationwide Mutual Insurance v. Arizona Health Care Cost Containment System (1990) arizctapp · cites it 5× “In its ruling, the court noted that A.R.S. § 12-962 provides AHCCCS three alternative methods for recovery of its expenditures.”
State ex rel. Raber v. Hongliang Wang (2012) arizctapp · cites it 16× “Under § 36-931(A), a hospital is entitled to a lien for its treatment costs on “any and all claims of liability or indemnity .”
Lo Piano v. Hunter (1992) arizctapp “section 12-962 allows subrogation rights to political subdivisions required by law to furnish medical care and treatment.”
Arizona Department of Adminstration v. Cox (2009) arizctapp · cites it 51× “ADOA demanded that the Coxes reimburse it for the amount the state had paid for the Coxes’ treatment, pursuant to A.R.S. § 12-962. The Coxes refused and ADOA sued them.”
Show all 17 citing cases →
— Ariz. Rev. Stat. § 12-962(A) — 8 cases
Arizona Health Care Cost Containment System v. Bentley (1996) arizctapp “1989) (stating that "[t]he Arizona Legislature passed A.R.S. § 12-962 (Supp.1987) to provide state agencies like AHCCCS a variety of methods to seek reimbursement.”
Arizona Department of Administration v. Cox (2009) arizctapp “ADOA demanded that the Coxes reimburse it for the amount the state had paid for the Coxes’ treatment, pursuant to A.R.S. § 12-962. The Coxes refused and ADOA sued them.”
Nationwide Mutual Insurance v. Arizona Health Care Cost Containment System (1990) arizctapp “In its ruling, the court noted that A.R.S. § 12-962 provides AHCCCS three alternative methods for recovery of its expenditures.”
Matter of Estate of Miles (1992) arizctapp “The County complains that instead of ruling on the validity of its lien, the trial court proceeded to trial under § 12-962, a statute dealing with the recovery of the cost of medical care by the state or any of its political subdivisions when the treatment is for a person…”
State ex rel. Raber v. Hongliang Wang (2012) arizctapp “Under § 36-931(A), a hospital is entitled to a lien for its treatment costs on “any and all claims of liability or indemnity .”
— Ariz. Rev. Stat. § 12-962(B) — 6 cases
Eaton v. Arizona Health Care Cost Containment System (2003) arizctapp “See A.R.S. § 12-962(B). HCFA is then entitled by statute to recover its contribution to Eatons medical care from the third-party settlement.”
Arizona Department of Administration v. Cox (2009) arizctapp “ADOA demanded that the Coxes reimburse it for the amount the state had paid for the Coxes’ treatment, pursuant to A.R.S. § 12-962. The Coxes refused and ADOA sued them.”
Nationwide Mutual Insurance v. Arizona Health Care Cost Containment System (1990) arizctapp “In its ruling, the court noted that A.R.S. § 12-962 provides AHCCCS three alternative methods for recovery of its expenditures.”
Eaton v. Arizona Health Care Cost Containment System (2003) arizctapp
Nationwide Mut. Ins. Co. v. AHCCCS (1990) arizctapp
— Ariz. Rev. Stat. § 12-962(B)(2) — 3 cases
Eaton v. Arizona Health Care Cost Containment System (2003) arizctapp “See A.R.S. § 12-962(B). HCFA is then entitled by statute to recover its contribution to Eatons medical care from the third-party settlement.”
Eaton v. Arizona Health Care Cost Containment System (2003) arizctapp
Arizona Department of Adminstration v. Cox (2009) arizctapp “ADOA demanded that the Coxes reimburse it for the amount the state had paid for the Coxes’ treatment, pursuant to A.R.S. § 12-962. The Coxes refused and ADOA sued them.”
— Ariz. Rev. Stat. § 12-962(B)(3) — 6 cases
Arizona Health Care Cost Containment System v. Bentley (1996) arizctapp “1989) (stating that "[t]he Arizona Legislature passed A.R.S. § 12-962 (Supp.1987) to provide state agencies like AHCCCS a variety of methods to seek reimbursement.”
Arizona Department of Administration v. Cox (2009) arizctapp “ADOA demanded that the Coxes reimburse it for the amount the state had paid for the Coxes’ treatment, pursuant to A.R.S. § 12-962. The Coxes refused and ADOA sued them.”
State ex rel. Raber v. Hongliang Wang (2012) arizctapp “Under § 36-931(A), a hospital is entitled to a lien for its treatment costs on “any and all claims of liability or indemnity .”
Matter of Estate of Miles (1992) arizctapp “The County complains that instead of ruling on the validity of its lien, the trial court proceeded to trial under § 12-962, a statute dealing with the recovery of the cost of medical care by the state or any of its political subdivisions when the treatment is for a person…”
Arizona Department of Adminstration v. Cox (2009) arizctapp “ADOA demanded that the Coxes reimburse it for the amount the state had paid for the Coxes’ treatment, pursuant to A.R.S. § 12-962. The Coxes refused and ADOA sued them.”
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