Arizona Laws 12-962. Recovery of cost of medical care
A. If this state or any of its political subdivisions provides medical care and treatment to a person who is injured or suffers from a disease under circumstances creating tort liability upon a third person, the state or political subdivision, either jointly or severally, may recover from the third person or the injured or diseased person the reasonable value of the medical care and treatment. To the extent of this right, this state or a political subdivision is subrogated to the injured or diseased person or the person’s guardian, personal representative, estate, dependents or survivors with reference to any right or claim they might have against the third person. The head of the department or agency furnishing the medical care or treatment may require the injured or diseased person or the person’s guardian, personal representative, estate, dependents or survivors to assign the claim or cause of action against the third person to the extent of the reasonable value of the medical care or treatment.
Terms Used In Arizona Laws 12-962
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Medical care and treatment: includes hospital, medical, psychological, surgical and dental care, ambulance services, prostheses, medical appliances and supplies, pharmaceutical supplies, occupational therapy and physical therapy. See Arizona Laws 12-961
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Third person: includes any governmental entity, corporation, company, partnership, firm, association, society and a natural person. See Arizona Laws 12-961
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
B. To enforce this right, the state or political subdivision may do the following:
1. Intervene or join in any action or proceeding brought by the injured or diseased person or the person’s guardian, personal representative, estate, dependents or survivors against the third person who is liable for the injury or disease.
2. If an action or proceeding is not brought by the injured or diseased person, or the person’s guardian, personal representative, estate, dependents or survivors within six months after the first day on which the medical care and treatment were furnished, institute and prosecute legal proceedings against the third person who is liable for the injury or disease for which the medical care and treatment were furnished. The action or proceeding may be brought in state or federal court, either in the name of the state or political subdivision, or in the name of the injured or diseased person or the person’s guardian, personal representative, estate, dependents or survivors, or in conjunction with the injured or diseased person or the person’s guardian, personal representative, estate, dependents or survivors.
3. Recover the cost of care from the injured or diseased person or the person’s estate to the extent that such person has received money in settlement of the claim or satisfaction of a judgment against the third party.
C. If an action or proceeding is brought in the name of the state or political subdivision pursuant to subsection B, paragraph 2, the injured or diseased person or the person’s guardian, personal representative, estate, dependents or survivors shall not be required to join the action or proceeding.