10 Guam Code Ann. § 95100
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(a) Insurer means for purposes of this chapter any health insurer
(including a group health plan, as defined in ‘607(1) of the Employee
Retirement Income Security Act of 1974), health maintenance organization, or hospital and medical service plan. An insurer is prohibited from considering the availability or eligibility for medical assistance in Guam or
any other state under ‘1396a, Title 42 United States Code, (‘1902 of the
Social Security Act), such assistance being herein referred to as Medicaid, when considering eligibility for coverage or making payments under its plan for eligible enrollees, subscribers, policyholders or certificate holders.
(including a group health plan, as defined in ‘607(1) of the Employee
Retirement Income Security Act of 1974), health maintenance organization, or hospital and medical service plan. An insurer is prohibited from considering the availability or eligibility for medical assistance in Guam or
any other state under ‘1396a, Title 42 United States Code, (‘1902 of the
Social Security Act), such assistance being herein referred to as Medicaid, when considering eligibility for coverage or making payments under its plan for eligible enrollees, subscribers, policyholders or certificate holders.
(b) To the extent that payment for covered expenses has been made under Guam=s Medicaid program for health care items or services furnished
to an individual, in any case where a third party has a legal liability to make payments, Guam is considered to have acquired the rights of the individual to payment by any other party for those health care items or services.