# Ark. Code Ann. § 20-77-303: Action by division and recipient

> Arkansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-303

## Section

- **Citation:** Ark. Code Ann. § 20-77-303
- **Heading:** Action by division and recipient
- **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 20-77-303

## Text

(a) If an action is prosecuted both by the medical assistance recipient and the division against a third party who is or may be liable for injury, disease, disability, or death of the medical assistance recipient, then in the event of judgment or award in a suit or claim against the third party, the court shall first order paid from any judgment or award the reasonable litigation expenses incurred in prosecution of the action or claim, together with reasonable attorney's fees based solely on the services rendered for the benefit of the recipient. (b) After payment of expenses and attorney's fees, the court shall order that the division receive an amount sufficient to reimburse the division the full amount of benefits paid on behalf of the recipient under the medical assistance program. (c) The remainder shall be awarded to the medical assistance recipient. Acts 1979, No. 419, § 3; A.S.A. 1947, § 83-171.2; Acts 2011, No. 625, § 2.

(a) If an action is prosecuted both by the medical assistance recipient and the division against a third party who is or may be liable for injury, disease, disability, or death of the medical assistance recipient, then in the event of judgment or award in a suit or claim against the third party, the court shall first order paid from any judgment or award the reasonable litigation expenses incurred in prosecution of the action or claim, together with reasonable attorney's fees based solely on the services rendered for the benefit of the recipient.

(b) After payment of expenses and attorney's fees, the court shall order that the division receive an amount sufficient to reimburse the division the full amount of benefits paid on behalf of the recipient under the medical assistance program.

(c) The remainder shall be awarded to the medical assistance recipient.

Acts 1979, No. 419, § 3; A.S.A. 1947, § 83-171.2; Acts 2011, No. 625, § 2.

## 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_S20-77-303. Check the current official text before relying on it. Not legal advice.