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. § 433.146

Rights assigned; assignment method

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(a) Except as specified in paragraph (b) of this section, the agency must require the individual to assign to the State—

(1) His own rights to any medical care support available under an order of a court or an administrative agency, and any third party payments for medical care; and

(2) The rights of any other individual eligible under the plan, for whom he can legally make an assignment.

(b) Assignment of rights to benefits may not include assignment of rights to Medicare benefits.

(c) If assignment of rights to benefits is automatic because of State law, the agency may substitute such an assignment for an individual executed assignment, as long as the agency informs the individual of the terms and consequences of the State law.

Notes of Decisions
Cited in 21 cases, 1987–2016 · leading case: Atlanticare Medical Center v. Commissioner of the Division of Medical Assistance
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Atlanticare Medical Center v. Commissioner of the Division of Medical Assistance (2003) mass · cites it 2× “, 42 C.F.R. § 433.146 (2000) (individual’s assignment to State of rights to benefits “may not include assignment of rights to Medicare benefits”); 42 C.”
New York State Department of Social Services v. Bowen (1987) nysd · cites it 6× “The plaintiff challenges: (1) multiple determinations by the Secretary that deny NYSDSS (as alleged subrogee of certain Medicare beneficiaries’ rights) the right to an administrative hearing on a determination of the amount of Medicare Part A benefits payable for certain…”
McClendon v. Georgia Department of Community Health (2001) ca11 “”); see also 42 C.F.R. § 433.146 (c). The plaintiffs assigned to Georgia their rights to collect only the amount the State had spent on medical treatment, which under § 1396k(b) is the State’s own share of the settlement proceeds.”
Grey Bear v. North Dakota Department of Human Services (2002) nd · cites it 2× “§ 1396a(a)(25)(H); 42 C.F.R. § 433.146 ). States have enacted different language in individual statutes to effectuate the mandates of the federal regulations.”
Wilson v. State (2000) wash · cites it 2× “42 C.F.R. § 433.146 (1998) (addressing assignment of rights to benefits under medical assistance programs).”
Wilson v. State (2000) wash · cites it 2× “42 C.F.R. § 433.146 (1998) (addressing assignment of rights to benefits under medical assistance programs).”
Cricchio v. Pennisi (1997) ny “Specifically, as a condition of eligibility, an applicant must assign to DSS any rights he or she has to seek reimbursement from any third party up to the amount of medical assistance paid (42 USC § 1396k [a] [1] [A]; 42 CFR 433.146 [c]; Social Services Law § 366 [4] [h] [1]; 18…”
Gold v. United Health Services Hospitals, Inc. (2001) ny “As a condition of eligibility, applicants must assign to the appropriate Medicaid agency their rights to seek reimbursement from third parties up to the amount of medical assistance paid by Medicaid (see, 42 USC § 1396k [a] [1] [A]; 42 CFR 433.146 [c]; Social Services Law § 366…”
State, County of Cass ex rel. Schlect v. Wolff (2011) nd “A case is eligible for closure if, “[t]he non-IV-A recipient of services requests closure of a case and there is no assignment to the State of medical support under 42 CFR 433.146 or of arrearages *700 which accrued under a support order.”
Sullivan v. County of Suffolk (1998) nyed “§ 1396k[a][1][A]; 42 C.F.R. § 433.146 [c]; N.Y.Soc.Serv.L. § 366[4][h][1]; 18 N.”
Wisconsin Department of Health & Social Services v. Upholsterers International Union Health & Welfare Fund (1988) wiwd “§§ 1396a(a)(45), 1396k(a)(l)(A); 42 C.F.R. § 433.146 . States that fail to require assignment may become ineligible for federal funding.”
Link v. Town of Smithtown (1997) nysupct “As a condition of eligibility for Medicaid, an applicant must assign to the Department of Social Services any rights he or she has to seek reimbursement from any third party up to the amount of medical assistance paid (see, 42 USC § 1396k [a] [1] [A]; 42 CFR 433.146 [c]; Social…”
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