In the case of an individual who has suffered personal injuries and has received medical assistance pursuant to titles eleven and eleven-D of article five of the social services law on or after the date of such injury, notice of the commencement of an action by or on behalf of such individual for such personal injuries shall be sent to the social services district in the county in which such recipient resides, or to the department of health, by certified mail, return receipt requested, or electronically in accord with regulations promulgated by the commissioner of the department of health, within sixty days of the completion of service upon all parties to such action. Proof of sending such notice shall be filed with the court in accordance with rule three hundred six of this article. Sending such notice shall not be a jurisdictional requirement to commencing an action.
§ 306-c.Notice of commencement of action for personal injuries by recipient of medical assistance
Article 3. Jurisdiction and Service, Appearance and Choice of Court · Last amended 2011 · Last verified July 21, 2026
In one sentenceCPLR 306-c requires anyone bringing a personal injury suit on behalf of a Medicaid recipient to notify the local social services district or the health department by certified mail within 60 days of completing service, though skipping this notice doesn't defeat the court's jurisdiction.
Full Text of CPLR 306-c
Plain-English Summary
When someone who received Medicaid-funded medical assistance for an injury later sues over that injury, Section 306-c requires notifying the government body that paid for the care. Within sixty days of completing service on all parties, the person suing (or someone suing on the recipient's behalf) must send notice of the lawsuit to the social services district in the county where the recipient lives, or to the state Department of Health, by certified mail with return receipt requested, or electronically under Department of Health regulations.
The point is to let the agency that covered the recipient's medical costs know a recovery may be coming, so it can look into recouping what it paid out. Proof that the notice was sent has to be filed with the court, following the same proof-of-service rules set out in CPLR 306.
The statute is careful to draw a line between this notice duty and the rules that confer jurisdiction. The last sentence says sending the notice is not a jurisdictional requirement for commencing the action -- so a plaintiff who forgets to notify the agency, or sends it late, hasn't lost the right to proceed with the underlying injury claim; the agency's recoupment interest is separate from the plaintiff's day in court.
Frequently Asked Questions
What is CPLR 306-c notice?
It's a notice a personal injury plaintiff who received Medicaid must send to the local social services district or the health department, alerting the agency to the lawsuit within sixty days of completing service.
Who must send the notice under CPLR 306-c?
The person bringing the personal injury action on behalf of an individual who received Medicaid-funded medical assistance for the injury at issue, sent on or on behalf of that individual.
How soon must the Medicaid notice be sent after service?
Within sixty days of completing service upon all parties to the action.
Does failing to send CPLR 306-c notice get a case dismissed?
No. The statute says sending the notice is not a jurisdictional requirement for commencing the action, so a missed or late notice doesn't defeat the court's jurisdiction over the underlying claim.
Where does the personal injury Medicaid notice get sent?
To the social services district in the county where the recipient resides, or to the state Department of Health, by certified mail return receipt requested or electronically under Department of Health regulations.
Amendment History
Add, L 2011, ch 59, § 52-h (Part H), eff June 29, 2011.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: Medicaid notice personal injury lawsuit New Yorknotice to social services district New Yorkpersonal injury Medicaid recipient notice CPLRNew York DOH lien notice lawsuit