2-C. Direct reimbursement to the Department of Human Services. When an insured is eligible under the Medicaid program administered by the Department of Human Services, pursuant to the United States Social Security Act, Title XIX, or under the Maine Health Program, section 3189, for the medical costs of injury, disease, disability or similar occurrence for which an insurer is liable, and the claim is not payable to a health care provider under the terms of the health insurance policy, the insurer shall directly reimburse the Department of Human Services, upon request, for any medical services paid by the department on behalf of a Medicaid or Maine Health Program recipient to the extent that those medical services are payable under the terms of the health insurance policy.

Sec. 97. 22 MRSA §14, sub-§§2-D and 2-E, as amended by PL 1991, c. 9, Pt. N, §4, are further amended to read:

2-D. Notification of claim. A Medicaid or Maine Health Program recipient, or any attorney representing a Medicaid or Maine Health Program recipient, who makes a claim to recover the medical cost of injury, disease, disability or similar occurrence for which the party received medical benefits under the Medicaid program, pursuant to the United States Social Security Act, Title XIX, or the Maine Health Program, section 3189, shall advise the department in writing with information as required by the department of the existence of the claim.

2-E. Notification of pleading. In any action to recover the medical cost of injury, disease, disability or similar occurrence for which the party received medical benefits under the Medicaid program or Maine Health Program, the party bringing the action shall notify the department of that action at least 10 days prior to filing the pleadings. Department records indicating medical benefits paid by the department on behalf of the recipient are prima facie evidence of the medical expenses incurred by the recipient for the related medical services.

Sec. 98. 22 MRSA §14, sub-§2-H, ¶¶A and B, as enacted by PL 1991, c. 815, §1, are amended to read:

A. Whenever a participating health care provider or the department submits claims to an insurer, as defined in Title