(a)
(1) If either the medical assistance recipient or the appropriate division brings an action or claim against a third party, the recipient or Department of Human Services shall give to the other party written notice of the action or claim by personal service or registered mail within thirty (30) days of filing the action.
(2) This notice shall contain the names of the third party and the court in which the action is brought.
(3) Proof of the notice shall be filed in the action.
(4) If an action or claim is brought by either the department or the medical assistance recipient, the other may become a party to the action, at any time before trial on the facts, or shall consolidate his or her action or claim with the other if brought independently, at any time before trial on the facts.
(b)
(1) If the recipient, his or her guardian, personal representative, estate, or survivors bring an action against the third party who may be liable for injury, disease, or disability, then notice of institution of the legal proceedings and notice of settlement shall be given to the Secretary of the Department of Human Services.
(2) All notices shall be given by the attorney retained to assert the medical assistance recipient's claim or by the medical assistance recipient, his or her guardian, personal representative, estate, or survivors if an attorney is not retained.