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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Wyoming Subrogation Laws

State Subrogation

YES, equitable and contractual (Northern Utilities Div. of K N Energy, Inc. v. Town of Evansville, 822 P.2d 829 (Wyo. 1991)) (little case law dealing with the specifics of subrogation in medical benefits situations).

Made Whole Doctrine

NO, no case law applying the doctrine

Common Fund

NO, has never been applied in medical benefits cases, has been rejected in other situations (See, e.g. Board of County Com’rs of County of Platte v. State ex rel. Yeadon, 971 P.2d 129 (Wyo. 1998)).

Collateral Source Rule

Unaddressed by the state Supreme Court, Wyoming federal courts do not allow evidence of payments to be admitted

Hospital Lien Act

Wyoming has no hospital lien act

Medicaid Statute

  • Wyo. Stat. Ann. §42-4-201:
    • The department must be served a copy of a complaint against a third party within 7 days of its filing. The department must also be notified in writing of any judgment/settlement
    • The department may authorize acceptance by the state of less than the state’s claim for reimbursement
    • Reduction: If, after proper notice has been given, the department states in writing that it will neither file an independent action nor intervene in an existing action, the department’s reimbursement right shall be reduced by not more than 33% for attorney’s fees and proportionate share of costs. If the department does not provide this written statement, its right to reimbursement shall not be reduced by any share of attorney’s fees or costs

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