Neb. Rev. Stat. » Chapter 68
Nebraska Revised Statutes

Neb. Rev. Stat. § 68-716 (2026)

Department of Health and Human Services; medical assistance; right of subrogation

✓ current as of July 2026
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An application for medical assistance shall give a right of subrogation to the Department of Health and Human Services or its assigns. Subject to sections 68-921 to 68-925, subrogation shall include every claim or right which the applicant may have against a third party when such right or claim involves money for medical care. The third party shall be liable to make payments directly to the department or its assigns as soon as he or she is notified in writing of the valid claim for subrogation under this section.

Notes of Decisions
Cited in 6 cases, 1991–2003 · leading case: Dawes v. Wittrock Sandblasting & Painting, Inc., 667 N.W.2d 167 (Neb. 2003).
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Dawes v. Wittrock Sandblasting & Painting, Inc., 667 N.W.2d 167 (Neb. 2003). · cites it 5× “Subject to sections 68-1038 to 68-1046, subrogation shall include every claim or right which the applicant may have against a third party when such right or claim involves money for medical care.”
Ehlers v. Perry, 494 N.W.2d 325 (Neb. 1993). · cites it 4× “On September 3, DSS served on Battle Creek notice of DSS’ subrogation interest under Neb. Rev. Stat. § 68-716 (Reissue 1986): “An application for medical assistance benefits shall give a right of subrogation to the Department of Social Services.”
Kidd v. Winchell's Donut House & Nat'l Union Fire Ins., 465 N.W.2d 442 (Neb. 1991). · cites it 7× “Neb. Rev. Stat. § 68-716 (Cum. Supp. 1988) provided: An application for medical assistance benefits shall give a right of subrogation to the Department of Social Services.”
In Re Guardianship of Bloomquist, 523 N.W.2d 352 (Neb. 1994). · cites it 2× “According to Neb. Rev. Stat. § 68-716 (Reissue 1990), DSS was given the right of subrogation automatically upon Centamore’s application for medical assistance benefits.”
State v. Wiegand, 512 N.W.2d 419 (Neb. Ct. App. 1994). · cites it 3× “Neb. Rev. Stat. § 68-716 (Reissue 1990) provides: An application for medical assistance benefits shall give a right of subrogation to the Department of Social Services.”
In Re Guardianship of Bloomquist, 514 N.W.2d 656 (Neb. Ct. App. 1994). · cites it 2× “( Neb. Rev. Stat. § 68-716 (Reissue 1990) expressly provides that DSS shall have the right of subrogation whenever there is an application for medical assistance benefits, thereby placing DSS in the position of a subrogor.”
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