After reviewing the statutory scheme and specific language of § 39-719a, we conclude that SRS’ subrogation right is not subject to the equitable principles urged by Copeland. As in other cases in which courts have concluded equitable subrogation principles have been statutorily abrogated, the Kansas statute’s explicit provisions limiting SRS’ recovery in certain circumstances and the statute’s language emphasizing full reimbursement for medical assistance payments made by SRS are indications that the legislature did not intend to reduce or eliminate SRS’ recovery when the injured party has not been fully compensated by the injured party’s settlement with the tortfeasor. [1] The statute’s provisions and specific language instead indicate that the Kansas legislature has “weighed
- ↑ Cf. Walker, 682 A.2d 643-44 (holding government was entitled to full reimbursement for Medicaid expenses although lawsuit was settled for less than alleged total damages, and noting court was precluded from adopting some equitable principle of proportionate compromise because the statute provided a distribution scheme and contained two express exceptions to full reimbursement: the government was required to contribute to the Medicaid recipient’s litigation costs, and the government was allowed to waive its reimbursement claim in certain circumstances); Coplien v. Department of Health & Soc. Servs., 349 N.W.2d 92, 93-95 (Wis. Ct. App. 1984) (holding statute providing state with subrogation right for medical assistance payments abrogated equitable principles because statute prioritized distribution of proceeds, and rejecting recipient’s argument that because she was not made whole by her settlement, the state could only recover a pro rata share of the settlement proceeds); Waukesha County v. Johnson, 320 N.W.2d 1, 3-4 (Wis. Ct. App. 1982) (holding statute providing county with subrogation right rendered traditional equitable principles, including "made whole" rule, inapplicable because statute specifically set forth the rights of the county and medical assistance recipient to maintain actions and recover from a third-party tortfeasor).
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