In addition to the right of recovery set forth in this subsection, the commissioner must also be subrogated, to the extent of any benefits provided under the Medicaid MaineCare program or under the elderly low-cost drug program under section 254, to any cause of action or claim that a beneficiary member has against a 3rd party who is or may be liable for medical costs incurred by or on behalf of the beneficiary member. The Attorney General, or counsel appointed by the Attorney General, to enforce this right may institute and prosecute legal proceedings in the name of the injured person, beneficiary member, guardian, personal representative, estate or survivor. If necessary to enforce the commissioner's right of recovery, the Attorney General, or counsel appointed by the Attorney General, may institute legal proceedings against any beneficiary member, including the agent, representative or attorney of that member, who has received a settlement or award from a 3rd party.

The commissioner's right to recover the reasonable value cost of benefits provided constitutes a statutory lien on the proceeds of an award or settlement from a 3rd party if recovery for Medicaid MaineCare costs was or could have been included in the recipient's claim for damages from the 3rd party. The