# Ark. Code Ann. § 20-77-304: Notice of action or claim - Intervention or consolidation > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-304 ## Section - **Citation:** Ark. Code Ann. § 20-77-304 - **Heading:** Notice of action or claim - Intervention or consolidation - **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 20-77-304 ## Text (a) (1) If either the medical assistance recipient or the appropriate division brings an action or claim against a third party, the recipient or Department of Human Services shall give to the other party written notice of the action or claim by personal service or registered mail within thirty (30) days of filing the action. (2) This notice shall contain the names of the third party and the court in which the action is brought. (3) Proof of the notice shall be filed in the action. (4) If an action or claim is brought by either the department or the medical assistance recipient, the other may become a party to the action, at any time before trial on the facts, or shall consolidate his or her action or claim with the other if brought independently, at any time before trial on the facts. (b) (1) If the recipient, his or her guardian, personal representative, estate, or survivors bring an action against the third party who may be liable for injury, disease, or disability, then notice of institution of the legal proceedings and notice of settlement shall be given to the Secretary of the Department of Human Services. (2) All notices shall be given by the attorney retained to assert the medical assistance recipient's claim or by the medical assistance recipient, his or her guardian, personal representative, estate, or survivors if an attorney is not retained. Amended by Act 2019, No. 910,§ 5222, eff. 7/1/2019. Acts 1979, No. 419, § 4; A.S.A. 1947, § 83-171.3; Acts 1987, No. 463, § 2; 2011, No. 625, § 3. (a) (1) If either the medical assistance recipient or the appropriate division brings an action or claim against a third party, the recipient or Department of Human Services shall give to the other party written notice of the action or claim by personal service or registered mail within thirty (30) days of filing the action. (2) This notice shall contain the names of the third party and the court in which the action is brought. (3) Proof of the notice shall be filed in the action. (4) If an action or claim is brought by either the department or the medical assistance recipient, the other may become a party to the action, at any time before trial on the facts, or shall consolidate his or her action or claim with the other if brought independently, at any time before trial on the facts. (1) If either the medical assistance recipient or the appropriate division brings an action or claim against a third party, the recipient or Department of Human Services shall give to the other party written notice of the action or claim by personal service or registered mail within thirty (30) days of filing the action. (2) This notice shall contain the names of the third party and the court in which the action is brought. (3) Proof of the notice shall be filed in the action. (4) If an action or claim is brought by either the department or the medical assistance recipient, the other may become a party to the action, at any time before trial on the facts, or shall consolidate his or her action or claim with the other if brought independently, at any time before trial on the facts. rt in which the action is brought. (3) Proof of the notice shall be filed in the action. (4) If an action or claim is brought by either the department or the medical assistance recipient, the other may become a party to the action, at any time before trial on the facts, or shall consolidate his or her action or claim with the other if brought independently, at any time before trial on the facts. (b) (1) If the recipient, his or her guardian, personal representative, estate, or survivors bring an action against the third party who may be liable for injury, disease, or disability, then notice of institution of the legal proceedings and notice of settlement shall be given to the Secretary of the Department of Human Services. (2) All notices shall be given by the attorney retained to assert the medical assistance recipient's claim or by the medical assistance recipient, his or her guardian, personal representative, estate, or survivors if an attorney is not retained. (1) If the recipient, his or her guardian, personal representative, estate, or survivors bring an action against the third party who may be liable for injury, disease, or disability, then notice of institution of the legal proceedings and notice of settlement shall be given to the Secretary of the Department of Human Services. (2) All notices shall be given by the attorney retained to assert the medical assistance recipient's claim or by the medical assistance recipient, his or her guardian, personal representative, estate, or survivors if an attorney is not retained. Amended by Act 2019, No. 910,§ 5222, eff. 7/1/2019. Acts 1979, No. 419, § 4; A.S.A. 1947, § 83-171.3; Acts 1987, No. 463, § 2; 2011, No. 625, § 3. ## 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) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C77_S3_S20-77-304. Check the current official text before relying on it. Not legal advice.