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Nevada Subrogation Laws
Sections
State Subrogation
Made whole Doctrine
Common Fund
Collateral Source Rules
Hospital Lien Act
Medicaid Statute
State Subrogation
YES, equitable and contractual
Maxwell v. Allstate Ins. Co., 728 P.2d 812 (Nev. 1986).
Made whole Doctrine
YES, can contract around
The Supreme Court of Nevada declared that the Made Whole Doctrine was a general equitable principle of insurance law that prevented an insurance company from enforcing its subrogation rights before the insured had been fully reimbursed for their losses. The court also held that if a contract exclusively excludes the Made Whole Doctrine, the doctrine will not apply to limit an insurance company’s subrogation rights. (Canfora v. Coast Hotels & Casinos, Inc., 121 P.3d 599 (Nev. 2005)).
Common Fund
YES, must pay share of attorney’s fees (Department of Human Resources, Welfare Div. v. Elcano, 794 P.2d 725 (Nev. 1990))
Collateral Source Rules
Strict rule, evidence is not admissible (Proctor v. Castelletti, 911 P.2d 853 (Nev. 1996)).
Hospital Lien Act
- Nev. Rev. Stat. §108.590: hospital shall have a lien upon any sum awarded to the injured person to the extent of the amount due to the hospital for the reasonable value of the hospitalization
- Nev. Rev. Stat. §108.600: No lien shall apply against any sum incurred by the injured party for necessary attorney fees and costs
- Nev. Rev. Stat. §108.610: to perfect the lien, notice must be recorded with the county recorder, and written notice must be served on all interested parties
- Failure to perfect the lien does not make it invalid (Humana, Inc. v. Nguyen, 728 P.2d 816 (Nev. 1986))
Medicaid Statute
- Nev. Rev. Stat. §422.293(4): If the department receives proper notice on a claim it is subrogated to, the Director may, in consideration of the legal services provided by an attorney to procure a recovery for the recipient, reduce the lien on the proceeds of any recovery
- Nev. Rev. Stat. §422.293001: recipient of assistance must provide written notice to the Department when filing a claim against a third party
- Nev. Rev. Stat. §422.293003: upon receiving notice from the recipient, the department must provide written notice to the recipient and the third party as to the amount of the lien. No lien is enforceable without written notice given to the person against whom the lien is asserted