R527-936-1. Authority and Purpose

(1) Section 26B-1-202 authorizes the Department of Health and Human Services to create rules necessary for social services. Section 26B-9-108 authorizes the Office of Recovery Services (ORS) to adopt, amend, and enforce rules. (2) The purpose of this rule is to specify ORS's participation in meeting the requirements for a state plan in regards to third-party liability. Federal regulations 42 CFR 33.135 through 433.154 require a state agency to establish and administer a third-party liability program, and specify the requirements for a state plan concerning third-party liability. Section 26B-3-1002 authorizes a third-party liability Medicaid recovery program and establishes the legal liabilities of third parties and recipients. Section 26B-3-119 allows the department to enforce public assistance statutes.