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La. Rev. Stat. § 46:446 (2026)

✓ current as of May 2026
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§446. Recovery of medical assistance payments; notice; pleadings; compromise; prescription; privilege for reimbursement of Medicaid payments

Notes of Decisions
Cited in 14 cases, 1978–2015 · leading case: Oliver v. Magnolia Clinic, 85 So. 3d 39 (La. 2012).
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Oliver v. Magnolia Clinic, 85 So. 3d 39 (La. 2012). · cites it 20× “R.S. 46:446 et seq., DHH has a right to recover the medical expenses it paid on behalf of Taylor.”
Bozeman v. State, 879 So. 2d 692 (La. 2004). · cites it 3× “In Louisiana, that agency is the Department of Health and Hospitals (DHH) and LSA-R.S. 46:446 is the statute that empowers DHH to recover such funds.”
Duplechain v. Jalili, 52 So. 3d 1072 (La. Ct. App. 2010). · cites it 12× “R.S. 46:446(A) provides DHH/Medicaid with a right of intervention and a right of recovery against liable third parties for amounts paid by Medicaid on behalf of the tort victim.”
State v. Peters, 946 A.2d 1231 (Conn. 2008). · cites it 2× “6 (2001); La. Rev. Stat. Ann. § 46:446 (Sup. 2008); Me.”
Paulsell v. State, Dep't of Transp. & Dev., 152 So. 3d 963 (La. Ct. App. 2014). · cites it 8× “Under the provisions of R.S. 46:446 and the April 6, 2009 Consent Judgment, DHH has a cause of action against the defendants in intervention to recover the medical assistance payments DHH paid on behalf of Patricia Jolynn Paulsell-Lathrop as a result of the injuries sustained in…”
Bozeman v. State, Dep't of Transp. & Dev., 839 So. 2d 960 (La. Ct. App. 2003). · cites it 7× “R.S. 46:446. An intervention by DHH is “not barred by prescription if it was not barred at the time the main demand was filed, provided such intervention is filed within ninety days of date of service of main demand upon the department.”
Weaver v. Malinda, 980 So. 2d 55 (La. Ct. App. 2008). · cites it 8× “R.S. 46:446, which states as follows in pertinent part: A.”
Shelvin v. Waste Mgmt., Inc., 580 So. 2d 1022 (La. Ct. App. 1991). “R.S. 46:446 provides, in part, as follows: A.”
Jimcoily v. State Through Dept. of Highways, 361 So. 2d 982 (La. Ct. App. 1978). “) Jimcoily's complaint that the judgment did not give him $3,984 advanced to him by the Louisiana Health and Human Resources Administration (and by it recovered through intervention, R.S. 46:446) is without merit. Unlike medical expenses recovered by Charity Hospital by its…”
Cole v. State ex rel. Dep't of Transp. & Dev., 755 So. 2d 315 (La. Ct. App. 1999). “R.S. 46:446 has granted the Department of Health and Hospitals a privilege for payments made on behalf of a claimant.”
Paulsell v. State, Dep't of Transp. & Dev., 171 So. 3d 282 (La. Ct. App. 2015). · cites it 8× “R.S. 46:446 does not contain any provision placing a burden on the DHH to give or prove notice of the receipt of medical assistance payments made by the DHH.”
Nelson v. Ardoin, 367 So. 2d 1233 (La. Ct. App. 1979). · cites it 9× “Under R.S. 46:446, the Division may have a claim against the patient’s medical or hospitalization insurer for reimbursement of such payments.”
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— La. Rev. Stat. § 46:446(A) — 5 cases
Oliver v. Magnolia Clinic, 85 So. 3d 39 (La. 2012). “R.S. 46:446 et seq., DHH has a right to recover the medical expenses it paid on behalf of Taylor.”
Duplechain v. Jalili, 52 So. 3d 1072 (La. Ct. App. 2010). “R.S. 46:446(A) provides DHH/Medicaid with a right of intervention and a right of recovery against liable third parties for amounts paid by Medicaid on behalf of the tort victim.”
Weaver v. Malinda, 980 So. 2d 55 (La. Ct. App. 2008). “R.S. 46:446, which states as follows in pertinent part: A.”
Bozeman v. State, Dep't of Transp. & Dev., 839 So. 2d 960 (La. Ct. App. 2003). “R.S. 46:446. An intervention by DHH is “not barred by prescription if it was not barred at the time the main demand was filed, provided such intervention is filed within ninety days of date of service of main demand upon the department.”
Paulsell v. State, Dep't of Transp. & Dev., 171 So. 3d 282 (La. Ct. App. 2015). “R.S. 46:446 does not contain any provision placing a burden on the DHH to give or prove notice of the receipt of medical assistance payments made by the DHH.”
— La. Rev. Stat. § 46:446(B) — 5 cases
Oliver v. Magnolia Clinic, 85 So. 3d 39 (La. 2012). “R.S. 46:446 et seq., DHH has a right to recover the medical expenses it paid on behalf of Taylor.”
Bozeman v. State, 879 So. 2d 692 (La. 2004). “In Louisiana, that agency is the Department of Health and Hospitals (DHH) and LSA-R.S. 46:446 is the statute that empowers DHH to recover such funds.”
Weaver v. Malinda, 980 So. 2d 55 (La. Ct. App. 2008). “R.S. 46:446, which states as follows in pertinent part: A.”
Paulsell v. State, Dep't of Transp. & Dev., 152 So. 3d 963 (La. Ct. App. 2014). “Under the provisions of R.S. 46:446 and the April 6, 2009 Consent Judgment, DHH has a cause of action against the defendants in intervention to recover the medical assistance payments DHH paid on behalf of Patricia Jolynn Paulsell-Lathrop as a result of the injuries sustained in…”
Paulsell v. State, Dep't of Transp. & Dev., 171 So. 3d 282 (La. Ct. App. 2015). “R.S. 46:446 does not contain any provision placing a burden on the DHH to give or prove notice of the receipt of medical assistance payments made by the DHH.”
— La. Rev. Stat. § 46:446(E) — 1 case
Bozeman v. State, Dep't of Transp. & Dev., 839 So. 2d 960 (La. Ct. App. 2003). “R.S. 46:446. An intervention by DHH is “not barred by prescription if it was not barred at the time the main demand was filed, provided such intervention is filed within ninety days of date of service of main demand upon the department.”
— La. Rev. Stat. § 46:446(F) — 3 cases
Duplechain v. Jalili, 52 So. 3d 1072 (La. Ct. App. 2010). “R.S. 46:446(A) provides DHH/Medicaid with a right of intervention and a right of recovery against liable third parties for amounts paid by Medicaid on behalf of the tort victim.”
Oliver v. Magnolia Clinic, 85 So. 3d 39 (La. 2012). “R.S. 46:446 et seq., DHH has a right to recover the medical expenses it paid on behalf of Taylor.”
Bozeman v. State, Dep't of Transp. & Dev., 839 So. 2d 960 (La. Ct. App. 2003). “R.S. 46:446. An intervention by DHH is “not barred by prescription if it was not barred at the time the main demand was filed, provided such intervention is filed within ninety days of date of service of main demand upon the department.”
— La. Rev. Stat. § 46:446(G) — 1 case
Oliver v. Magnolia Clinic, 85 So. 3d 39 (La. 2012). “R.S. 46:446 et seq., DHH has a right to recover the medical expenses it paid on behalf of Taylor.”
— La. Rev. Stat. § 46:446(H) — 2 cases
Oliver v. Magnolia Clinic, 85 So. 3d 39 (La. 2012). “R.S. 46:446 et seq., DHH has a right to recover the medical expenses it paid on behalf of Taylor.”
Duplechain v. Jalili, 52 So. 3d 1072 (La. Ct. App. 2010). “R.S. 46:446(A) provides DHH/Medicaid with a right of intervention and a right of recovery against liable third parties for amounts paid by Medicaid on behalf of the tort victim.”
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