Section 29-1402. ENFORCEMENT OF RIGHT TO REIMBURSEMENT

 

1402.1 In enforcing the District’s right to reimbursement, the Corporation Counsel may, on behalf of the District, do the following:

 

(a) Institute and prosecute a proceeding either alone, in the District’s own or the beneficiary’s name, or in conjunction with the beneficiary;

 

(b) Intervene or join in any proceeding brought by the beneficiary;

 

(c) Compromise or settle and execute a release of the District’s claim against a third party; or

 

(d) Permit the beneficiary to proceed on behalf of the District in prosecuting, in conjunction with his or her own claims, the District’s claim for the unreimbursed value or cost of the health-care assistance provided.

 

1402.2 If the District separately institutes a proceeding against or settlement negotiations with a third party, the Corporation Counsel shall give the beneficiary, or if represented, the beneficiary’s attorney, written notice of the action or settlement negotiations, by personal service or certified mail, within twenty (20) calendar days.

 

1402.3 If a court proceeding has been instituted, proof of timely notice shall be filed with the court.

 

1402.4 If the beneficiary has not instituted or proceeded to trial in a separate proceeding or executed a settlement agreement with the third party, the written notice served or mailed pursuant to §1402.2 shall also advise the beneficiary of the beneficiary’s right to intervene or join in the proceeding instituted by the District and of the beneficiary’s right to retain private counsel.

 

 

source

Final Rulemaking published at 33 DCR 1320 (March 7, 1986).