TITLE 40
Human services

CHAPTER 40-6
Public Assistance Act

SECTION 40-6-10


§ 40-6-10 Effects of assistance on receipt of workers' compensation benefits.

(a) No individual shall be entitled to receive assistance provided under this chapter or chapter 5.1 of this title and/or medical assistance under chapter 8 of this title for any period beginning on or after July 1, 1982, with respect to which benefits are paid or payable to individuals under any workers' compensation law of this state, any other state, or the federal government, on account of any disability caused by accident or illness. In the event that workers' compensation benefits are subsequently awarded to an individual with respect to which the individual has received assistance payments under this chapter or chapter 5.1 of this title and/or medical assistance under chapter 8 of this title, then the executive office of health and human services shall be subrogated to the individual's rights in the award to the extent of the amount of the payments and/or medical assistance paid to or on behalf of the individuals.

(b) Whenever an employer or insurance carrier has been notified by the executive office of health and human services that an individual is an applicant for or a recipient of assistance payments under this chapter or chapter 5.1 of this title, and/or medical assistance under chapter 8 of this title, for a period during which the individual is or may be eligible for benefits under the Workers' Compensation Act, chapters 29–38 of title 28, the notice shall constitute a lien in favor of the executive office of health and human services, upon any pending award, order, or settlement to the individual under the Workers' Compensation Act. The employer or his or her insurance carrier shall be required to reimburse the executive office of health and human services the amount of the assistance payments and/or medical assistance paid to or on behalf of the individual for any period for which an award, order, or settlement is made.

(c) Whenever an individual becomes entitled to or is awarded workers' compensation for the same period with respect to which the individual has received assistance payments under this chapter or chapter 5.1 of this title and/or medical assistance under chapter 8 of this title, and whenever notice of the receipt of assistance payments has been given to the division of workers' compensation of the department of labor and training of this state and/or the workers' compensation commission, the division or commission is hereby required to and shall incorporate in any award, order, or approval of settlement, an order requiring the employer or his or her insurance carrier to reimburse the executive office of health and human services the amount of the assistance payments and/or medical assistance paid to or on behalf of the individual for the period for which an award, order, or settlement is made.

(d) Any claims or payments to a recipient of medical assistance provided by the executive office of health and human services in accordance with chapter 40-8 shall also be subject to the provisions of chapter 28-33-27. Funds available to be paid for the payment of child support shall supersede any payment made pursuant to this chapter and chapter 27-57.1.

History of Section.
(P.L. 1987, ch. 118, art. 13, § 2; P.L. 1996, ch. 129, § 20; P.L. 1996, ch. 131, § 20; P.L. 1996, ch. 132, § 20; P.L. 1996, ch. 133, § 20; P.L. 2012, ch. 241, art. 11, § 4.)