Ill. Admin. Code tit. 89, § 102.260 - Personal Injury Claims
a)
Clients who suffer a personal injury and have a potential for recovery of
damages as a result of the type or severity of the injury, must report such
injuries to the Department and take action to collect any damages which may be
due.
b) The Department shall
collect payment from personal injury settlements paid in behalf of clients. The
Department shall not collect payment from claims covered by the Workers'
Compensation Act (Ill. Rev. Stat. 1985, ch., 48, par. 138.1 et seq.), the
Workers' Occupational Diseases Act (Ill. Rev. Stat. 1985, ch. 48, par. 172.36
et seq.) or an Act requiring compensation for causing death by wrongful act,
neglect or default (Ill. Rev. Stat. 1985, ch. 70, pars. 1-22).
c) The Department shall have a charge equal
to the total cost of medical assistance provided to an injured individual from
the date of the injury to the date of recovery of damages.
d) If an employable individual receives
assistance for himself and/or dependents, the Department's charge shall also
include the total cost of cash and medical assistance issued as a result of the
injury which was provided for the individual and his dependents from the date
of injury to the date of recovery of damages. The Department's charge is for
assistance provided for the injured recipient and his dependents even if all
persons are not included in a single assistance unit.
e) Payment received by a client as damages
for a personal injury shall be considered nonexempt unearned income after
payment of the following expenses:
1)
necessary costs of litigation or settlement;
2) the Department's charge;
3) medical costs resulting from the injury
and paid by the client; and
4)
expenses to repair or replace personal property which was damaged as a result
of the injury.
Notes
Amended at 10 Ill. Reg. 19088, effective October 24, 1986
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