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Wyoming Subrogation Laws
Sections
State Subrogation
Made Whole Doctrine
Common Fund
Collateral Source Rule
Hospital Lien Act
Medicaid Statute
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