C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER C—MEDICAL ASSISTANCE PROGRAMS › PART 433—STATE FISCAL ADMINISTRATION › Subpart D—Third Party Liability

42 C.F.R. § 433.135

Basis and purpose

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This subpart implements sections 1902(a)(25), 1902(a)(45), 1903(d)(2), 1903(o), 1903(p), and 1912 of the Act by setting forth State plan requirements concerning—

(a) The legal liability of third parties to pay for services provided under the plan;

(b) Assignment to the State of an individual's rights to third party payments; and

(c) Cooperative agreements between the Medicaid agency and other entities for obtaining third party payments.

[50 FR 46664, Nov. 12, 1985]
Notes of Decisions
Cited in 15 cases, 1978–2008 · leading case: Palumbo v. Myers
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Palumbo v. Myers (1983) calctapp · cites it 4× “1396a(a)(25)], and [42 C.F.R. 433.135], require that states take reasonable measures to identify legally liable third parties; treat verified third party liability as a resource of the Medicaid applicant or recipient, if payment from such source is currently available; and have…”
Kahrs v. Sanchez (1997) nmctapp · cites it 2× “Part 431 (1996) (discussing state organization and general administration); NMSA 1978, § 27-l-3(G) (1987) (designating HSD as agency charged with administering federal funds in accordance with federal welfare law); § 27-l-3(E) (requiring HSD to make changes in administering the…”
State v. Cowdell (1981) indctapp · cites it 2× “§ 1396a(a)(25), 42 C.F.R. § 433.135 , and 470 Ind.Admin. Code 5-1-11 (1979).”
Nickel v. Workers' Compensation Appeal Board (2008) pacommwct “*501 § 1396A(a)(25), § 1396k, 42 C.F.R. § 433.135 et seq; Section 3 of the Workers’ Compensation Act (Act) 1 , 77 P.”
Brown v. Stanton (1980) ca7 · cites it 2× “A further justification for our decision exists in a recently promulgated federal regulation of the Health Care Financing Administration, 42 C.F.R. § 433.135 (1978), which reads in part: Subpart D — Third Party Liability § 433.”
Caremark, Inc. v. Goetz (2005) tnmd “See 42 C.F.R. § 433.135 (a)(l)(As a condition of eligibility, each Medicaid applicant is required to assign rights to medical support and payment to state Medicaid agency); 42 C.”
Herweg v. Ray (1980) ca8 · cites it 2× “§ 1396a(a)(25), and regulations, 42 C.F.R. § 433.135 , provide for determining and taking into consideration the legal liability of third parties to pay for Medicaid services.”
New York State Department of Social Services v. Bowen (1987) nysd “6-50-20 — Implementation of Regulations Section 1902(a)(25) of the Act and [42 C.F.R. 433.135] require that states take *1552 reasonable measures to identify legally liable third parties; treat verified third party liability as a resource of the Medicaid applicant or recipient .”
Philip Morris Inc. v. Harshbarger (1996) mad “§ 1396a(a)(25); 42 C.F.R. §§ 433.135 -.153. See also Mass.”
Shweiri v. Commonwealth (1993) mass “See 42 C.F.R. §§ 433.135 et seq. (1992). In light of the Federal role in defining the Commonwealth’s Medicaid plan, Federal interpretations of the third-party liability.”
Toulson v. Ampro Fisheries, Inc. (1995) vaed “§ 1396a(a); 42 C.F.R. §§ 433.135 et seq. While subsection (C) of Virginia Code section 32.”
Jones v. Balay (1992) arwd “Federal regulations more fully describe the duties and responsibilities of the various states and state agencies and are found in 42 C.F.R. §§ 433.135 through 433.146. Ark.”
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