Medicaid fraud unit, see §28-91.

State's lien cannot be evaded by settlement agreement between injured person and putative tortfeasor covering only special damages. Validity and amount of subrogated claim is for court to decide. 69 H. 21, 731 P.2d 157.

Subsection (j) (1997) grants the State recovery of its costs for medical assistance from special damages and does not limit the State to accepting a pro rata share of claimant's recovery; a settling claimant cannot waive recovery of special damages, but the State is entitled to and may recover its medical assistance expenses from the special damages obtained. 101 H. 466, 71 P.3d 417.

The clear and unambiguous language of this section (1997), establishes a priority that the medical assistance lien be paid to the department of human services before the recipient of the medical assistance is reimbursed; thus, trial court erred when it reduced the amount of the department's statutory lien. 101 H. 473 (App.), 71 P.3d 424.

Cited: 73 H. 403, 833 P.2d 890.