Third Party Liability
Cal. WIC § 14124.92
California Statutes
(
a) The department may pay administrative expenses and make incentive payments to any county, state, or federal agency, or a contracting agent of the department for identifying and reporting third-party health care coverage held or offered to beneficiaries under this chapter. (
b) Unless the third-party health care coverage identified is excluded under subdivision (
d) from the incentive payment plan, an agency or contractor may be entitled to an incentive payment if the agency or contractor does all of the following:
(1) Identifies a case of which the department was not previously aware.
(2) Provides to the department adequate and necessary information relevant to the third-party health care coverage in order to make a claim for benefits or reimbursement for services rendered that would otherwise be paid by Medi-Cal.
(3) Reports to the department the identified third-party health care coverage within days of the date of discovery on a form approved by the department. (
c) In no event shall any one incentive for each case identified exceed one month of savings received by the department for benefits paid by the third-party health care coverage. (
d) Third-party health care coverage that does not qualify for the incentive payment plan under this
section shall be identified by the department based on policy limitations and cost-effectiveness. The types of coverage that do not qualify under this
section include those that to which any of the following apply:
(1) Not specifically intended to provide third-party health care coverage, such as coverage that provides life or car insurance benefits, periodic benefits for disability or hospitalization, or income protection.
(2) Coverage is limited to a specific diagnosis, unless the beneficiary has been diagnosed with a condition or disease specified in the coverage.
(3) Coverage is limited to a specific circumstance, such as accidental injury or dismemberment.
(4) Coverage is limited to one specific category of service. (
e) For the purposes of this section, “third-party health care coverage” means health care service plans, benefits, insurance policies, and funds, including those described in