# Ark. Code Ann. § 20-77-302: Action by recipient alone - Reimbursement of division

> Arkansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-302

## Section

- **Citation:** Ark. Code Ann. § 20-77-302
- **Heading:** Action by recipient alone - Reimbursement of division
- **Jurisdiction:** Arkansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** AR Code / Title 20 / Chapter 77 / Subchapter 3 / Section 20-77-302

## Text

(a) When an action or claim is brought by a medical assistance recipient or his or her legal representative against a third party who may be liable for injury, disease, disability, or death of a medical assistance recipient, any settlement, judgment, or award obtained is subject to the division's claim for reimbursement of the benefits provided to the recipient under the medical assistance program. (b) In the event of judgment or award in a suit or claim against a third party, if the action or claim is prosecuted by the recipient alone, the court or agency shall first order paid from any judgment or award the reasonable litigation expenses and attorney's fees. After the payment of these expenses and attorney's fees, the court or agency shall order that the Department of Human Services receive an amount sufficient to reimburse the department the full amount of benefits paid on behalf of the recipient under the medical assistance program. The remainder shall be awarded to the medical assistance recipient. Acts 1979, No. 419, § 2; 1981, No. 500, §§ 1, 2; A.S.A. 1947, § 83-171.1; Acts 1987, No. 463, § 1.

(a) When an action or claim is brought by a medical assistance recipient or his or her legal representative against a third party who may be liable for injury, disease, disability, or death of a medical assistance recipient, any settlement, judgment, or award obtained is subject to the division's claim for reimbursement of the benefits provided to the recipient under the medical assistance program.

(b) In the event of judgment or award in a suit or claim against a third party, if the action or claim is prosecuted by the recipient alone, the court or agency shall first order paid from any judgment or award the reasonable litigation expenses and attorney's fees. After the payment of these expenses and attorney's fees, the court or agency shall order that the Department of Human Services receive an amount sufficient to reimburse the department the full amount of benefits paid on behalf of the recipient under the medical assistance program. The remainder shall be awarded to the medical assistance recipient.

Acts 1979, No. 419, § 2; 1981, No. 500, §§ 1, 2; A.S.A. 1947, § 83-171.1; Acts 1987, No. 463, § 1.

## Nearby sections

- [Ark. Code Ann. § 20-77-301 Action by Department of Human Services](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-301.md)
- [Ark. Code Ann. § 20-77-302 Action by recipient alone - Reimbursement of division](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-302.md)
- [Ark. Code Ann. § 20-77-303 Action by division and recipient](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-303.md)
- [Ark. Code Ann. § 20-77-304 Notice of action or claim - Intervention or consolidation](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-304.md)
- [Ark. Code Ann. § 20-77-305 Notice to Department of Human Services of award or settlement by recipient required](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-305.md)
- [Ark. Code Ann. § 20-77-306 Liability of third parties to Department of Human Services - Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-306.md)
- [Ark. Code Ann. § 20-77-307 Assignment to Department of Human Services of rights of recovery](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-307.md)
- [Ark. Code Ann. § 20-77-308 Release of information to Department of Human Services](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-308.md)
- [Ark. Code Ann. § 20-77-309 Denial or reduction of benefits - Insurance policies](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-309.md)
- [Ark. Code Ann. § 20-77-310 Denial or reduction of benefits - Service plan corporation contracts](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-310.md)
- [Ark. Code Ann. § 20-77-311 Denial or reduction of benefits - Healthcare providers](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-311.md)
- [Ark. Code Ann. § 20-77-312 Denial or reduction of benefits - Provisions not applicable to Arkansas Medicaid Program](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-312.md)
- [Ark. Code Ann. § 20-77-313 Billing statements](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-313.md)
- [Ark. Code Ann. § 20-77-314 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-314.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-302. Check the current official text before relying on it. Not legal advice.