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