2-C. Direct reimbursement to department. When an insured is eligible under the Medicaid MaineCare program administered by the Department of Human Services pursuant to the United States Social Security Act, Title XIX or under the elderly low-cost drug program under section 254 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 recipient under Medicaid or the elderly low-cost drug program under section 254 the MaineCare program to the extent that those medical services are payable under the terms of the health insurance policy. If the insurer knows or has information upon which to reasonably conclude that the insured is a recipient of MaineCare services, the insurer shall advise the department in writing as to the existence of the claim prior to any other payment.

2-D. Notification of claim. A recipient under Medicaid or the elderly low-cost drug program under section 254 the MaineCare program, or any attorney representing a recipient under Medicaid or the elderly low-cost drug program under section 254 the MaineCare program, 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 MaineCare program pursuant to the United States Social Security Act, Title XIX or the elderly low-cost drug program under section 254 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 MaineCare program or the elderly low-cost drug program under section 254, 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.