Hakanson v. North Dakota Department of Human Services , 1992 N.D. LEXIS 15 ( 1992 )

MESCHKE, Justice,

concurring.

I join in the opinion by Chief Justice Erickstad. I write separately only to call attention to related statutes that reinforce the holding on the third point about interpreting NDAC 76-02-02-25. Federal law provides that a state administering a medical assistance plan “will take all reasonable measures to ascertain the legal liability of third parties (including health insurers) to pay for care and services available under the plan... .” 42 U.S.C. § 1396a (a)(25)(A). State law requires each applicant for medical assistance to apply all proceeds received or receivable by him or her or his or her eligible spouse from private health care coverage to the costs of medical care; and, the Department may require an assignment of rights accruing under any private health care coverage. NDCC 50-24.1-02(2). The department’s interpretation of the phrase in the regulation, “obligated for medical expenses,” is therefore reasonable.

VANDE WALLE and LEVINE, JJ., concur.