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Click on your state for a brief summary of that state's laws affecting or impacting subrogation recoveries.
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Mississippi Subrogation Laws
Sections
State Subrogation
Made Whole Doctrine
Common Fund
Collateral Source Rules
Hospital Lien Act
Medicaid Act
State Subrogation
YES, equitable and contractual
First Nat. Bank of Jackson v. Huff, 441 So.2d 1317 (Miss. 1983) discusses equitable subrogation. Hare v. State, 733 So.2d 277 (Miss. 1999) discusses contractual subrogation.
Made Whole Doctrine
YES, cannot contract around
Hare v. State, 733 So.2d 277 (Miss. 1999) states that the insured must be made whole before the insurer can recover, regardless of what the insurance contract says. You cannot contract around the made whole doctrine. This applies to both equitable and contractual subrogation.
Common Fund
Has not been adopted in medical benefits subrogation
It has been adopted in other situations, such as in auto insurance subrogation claims (Miss. Code Ann. §83-11-107), but has been explicitly rejected in ERISA cases (Yerby v. United Healthcare Ins. Co., 846 So.2d 179 (Miss. 2002)).
Collateral Source Rules
Rule applies, evidence of collateral source payments is not admissible when trying to mitigate damages
Hospital Lien Act
Mississippi does not have a hospital lien act
Medicaid Act
- Miss. Code Ann. §43-13-125(1): Medicaid division is entitled to recover the proceeds that result from a recipient’s exercise of a right of recovery
- Miss. Code Ann. §43-13-125(2) The amount recovered shall be applied as follows:
- The reasonable costs of the collection, including attorney’s fees
- The amount of Medicaid’s interest
- Any excess shall be awarded to the recipient
- Miss. Code Ann. §43-13-125(3) Burden is on the recipient to notify the division of any legal proceedings it institutes