Nebraska Revised Statute 68-716

Chapter 68


Department of Health and Human Services; medical assistance; right of subrogation.

An application for medical assistance shall give a right of subrogation to the Department of Health and Human Services or its assigns. Subject to sections 68-921 to 68-925, subrogation shall include every claim or right which the applicant may have against a third party when such right or claim involves money for medical care. The third party shall be liable to make payments directly to the department or its assigns as soon as he or she is notified in writing of the valid claim for subrogation under this section.



  • Upon filing of a notice of subrogation under this section, in a workers' compensation case, the Department of Social Services and any third party liable to the department are entitled to a determination of the subrogation interest. Kidd v. Winchell's Donut House, 237 Neb. 176, 465 N.W.2d 442 (1991).