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Searching 2023-2024 Session

The Vermont Statutes Online

The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.

NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.

Title 33 : Human Services

Chapter 067 : Medicare Advocacy Program

(Cite as: 33 V.S.A. § 6705)
  • § 6705. Subrogation

    (a) Upon furnishing medical assistance under chapter 19 of this title to any individual, the Department of Vermont Health Access shall be subrogated, to the extent of the expenditure for medical care furnished, to any rights such individual may have to third-party reimbursement for such care.

    (b) The Department of Vermont Health Access or its designee shall be entitled to obtain from any medical service provider any records of the treatment of any individual covered by subsection (a) of this section that are in any way relevant to the treatment paid for through medical assistance without regard to any other privilege or right of confidentiality or privacy that may exist. The Department shall ensure that any records obtained are not released to any other individual, agency, or other entity except as necessary to pursue the Department’s rights of subrogation.

    (c) The Department of Vermont Health Access may contract with a private attorney or attorneys, or other private persons, for the purpose of obtaining third-party reimbursement for Medicaid expenditures under this section. In awarding contracts under this section, the Department shall give preference to bidders who maintain a place of business in this State. (Added 1989, No. 259 (Adj. Sess.), § 2; amended 1995, No. 152 (Adj. Sess.), § 5; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 129; 2009, No. 156 (Adj. Sess.), § I.78; 2021, No. 20, § 342.)