New Jersey § 30:4d-7

§ 30:4d-7.

a. The commissioner may request the Attorney General to enforce any rights against

any third party, institute legal proceedings against any third party, or intervene

in any pending proceeding against a third party initiated by a recipient, his guardian,

executor, administrator or other appropriate representative, either in the commissioner's

own name, as subrogee of the rights of the recipient, or to enforce the commissioner's

rights as assignee of the recipient established in this section. If such a legal proceeding is instituted by the Attorney General, written notice

shall be given to the recipient or his guardian, executor, administrator or other

appropriate representative, who shall then have the right to intervene in the proceeding. Any recovery by the recipient in excess of the outstanding claim of the division

shall be treated as a resource of said individual for purposes of determining eligibility

for assistance. No action taken on behalf of the commissioner pursuant to this subsection or any judgment

rendered in such action shall be a bar to any action upon the claim or cause of action

by a recipient, his guardian, executor, administrator or other appropriate representative

against a third party, or shall operate to deny the recipient the recovery of that

portion of his medical costs or other damages not covered under this act. b. When a recipient, his guardian, executor, administrator or other appropriate representative

brings an action for damages against a third party, written notice shall be given

to the Director of the Division of Medical Assistance and Health Services. In addition, every recipient or his legal representative shall promptly notify the

division of any recovery from a third party and shall immediately reimburse the division

in full from the proceeds of any settlement, judgment, or other recovery in any action

or claim initiated against any such third party subject to a pro rata deduction for

counsel fees, costs, or other expenses incurred by the recipient or the recipient's

attorney; provided, however, that the director may make application to a court of

competent jurisdiction for an award of counsel fees and costs incurred in the pursuit

of a claim under this subsection. Any settlement, judgment, dismissal, exchange of releases, or action affecting the

disposition of a recipient's independent action against a third party shall not serve

to bar a claim or cause of action brought by the Attorney General on behalf of the

commissioner against that third party under this section. c. In addition to all other recovery methods set forth above, every recipient, as

a condition of eligibility for medical assistance under this act, is hereby deemed

to have assigned to the commissioner any rights to support for the purpose of medical

care as determined by a court or administrative order and any rights to payment for

medical care from any third party.