Subrogation Laws in All 50 States - Interactive Map

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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

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

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