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Oklahoma Subrogation Laws
Sections
State Subrogation
Made Whole Doctrine
Common Fund
Collateral Source Rule
Hospital Lien Act
Medicaid Statute
State Subrogation
YES, recognizes equitable and contractual subrogation (see e.g. Sexton v. Continental Cas. Co, 816 P.2d 1135 (Okla. 1991))
Made Whole Doctrine
YES, can contract around
The court in Josephson declared that the reimbursement and subrogation provisions of a group health Plan were unenforceable unless the Plan beneficiary was fully compensated by the tortfeasor. American Medical Sec. v. Josephson, 15 P.3d 976 (Okla. Civ. App. 2000).
An insurance contract stands subject to the make whole rule unless it contains an unequivocal, express statement that the insured does not have to be made whole before the insurer is entitled to recoup its payments (Reeds v. Walker, 157 P.3d 100 (Okla. 2006)).
Common Fund
YES, unless plan language specifically disclaims it (Sollars v. Healthcare Recoveries, 147 P.3d 289 (Okla. Civ. App. 2006)).
Collateral Source Rule
Traditional rule applies, evidence is inadmissible
Hospital Lien Act
- Okla. Stat. Ann. Tit. 42, §43: every hospital shall have a lien for the reasonable and necessary charges of such hospital for treatment, care, maintenance, etc.
- This lien will be inferior to an attorney’s lien, attorney’s fees should be deducted before the hospital gets its reimbursement
- Okla. Stat. Ann. Tit. 42, §44: no lien shall be effective unless written notice is filed in the office of the county clerk, and also mailed to the interested parties
Medicaid Statute
- Okla. Stat. Ann. Tit. 63, §5051.1(C): the recipient of medical assistance must notify the Authority when they file a claim
- Okla. Stat. Ann. Tit. 63, §5051.1(D): the Authority shall have a lien to the extent of the amount paid up to the amount of the damages for the total medical expenses
- The lien is inferior to an attorney’s lien
- The lien applies to the entire settlement, after claim for attorney’s fees has been satisfied, unless a more limited allocation of damages to medical expenses is shown by clear and convincing evidence
- Reduction case law: a reduction in a Medicaid lien can be justified only by showing a reason why the plaintiff would agree to allow the defendant to pay less than the full amount of the Medicaid lien (Price v. Wolford, 608 F.3d 698, 707 (10th 2010))
- The usual reasons would be that the liability of the settling defendant is uncertain or that the defendant lacks the money to pay for his full liability