HB4573 SFA #1 Trump 3-5
Alder 7824
Senator Trump moved to amend the bill on page four, subsection (d), subdivision (4), paragraph (B), lines eighty-seven through ninety-two, by striking out paragraph (B) in its entirety and inserting in lieu thereof a new paragraph (B) to read as follows:
“(B)
The department shall have the burden to prove by a preponderance of the
evidence the amount of its subrogation lien, and The department the
recipient shall have the burden of proving by a preponderance of the
evidence that the allocation agreed to by the parties was improper is
proper. The trial court shall give due consideration to the department’s
interests in being fairly reimbursed for purposes of the operation of the
Medicaid program. For purposes of appeal, the The trial
court’s decision should be set forth in a detailed order containing the requisite
findings of fact and conclusions of law to support its rulings.”
Adopted
Rejected