TITLE XV
EDUCATION

CHAPTER 200-C
VOCATIONAL REHABILITATION PROGRAMS

Section 200-C:6-a

    200-C:6-a Recovery of Costs; Right of Action. –
I. Whenever any person who has received services provided under this chapter shall receive a settlement or an award from a liable third person or party, including workers' compensation and social security disability benefits, and such settlement or award is related to the disability under which the person became eligible for such services, the person shall repay the cost of such services to the extent that the amount of the settlement or award makes repayment possible. No attorneys' fees shall be deducted from the amount due the state from such award or settlement.
II. Amounts repaid under paragraph I shall be payable to the bureau of vocational rehabilitation of the department of education and shall be administered as follows:
(a) If the settlement or award occurs within the same fiscal year as the receipt of any portion of services furnished, the recovered amount proportionate to the cost of services provided for such fiscal year shall be credited to the division; and
(b) If the settlement or award occurs after the fiscal year in which receipt of any portion of services furnished takes place, that part of the cost of services recovered pursuant to this section which was federally funded shall be returned to the federal government in an amount proportionate to the cost of services provided for such previous fiscal year, while the remaining state-funded part of such cost shall remain with the division.
III. The state shall have a right of action over amounts due pursuant to paragraph I.

Source. 1990, 131:2. 1994, 379:21, eff. June 9, 1994.