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Terms Used In Vermont Statutes Title 33 Sec. 1906

  • Agency: means the Agency of Human Services. See
  • 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.
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Provider: means any person who has entered into an agreement with the State to provide any medical service. See
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • Third party: means a person having an obligation to pay all or any portion of the medical expense incurred by a recipient at the time the medical service was provided. See

§ 1906. Recoupment of amounts spent on child medical care

(a) The State Medicaid agency, any State agency administering health benefits or a health benefit plan for which Medicaid is a source of funding, or the Office of Child Support may recoup the amounts paid by the State for child medical expenses from any person who is required by court or administrative order to provide coverage of the cost of health services to a child eligible for medical assistance under Medicaid; and who either:

(1) Has received payment from a third party for the costs of such services, but has not used the payments to reimburse either the other parent or guardian of the child or the provider of the services. Claims for current and past due child support shall take priority over these claims.

(2) Has failed to give any notice required by 15 V.S.A. § 663(d).

(b) In addition to any other remedies available at law, all remedies available for the collection and enforcement of child support under 15 Vt. Stat. Ann. chapter 11 shall apply to medical support recoupment under this section. (Added 1993, No. 231 (Adj. Sess.), § 4; amended 2015, No. 23, § 56.)