The executive board shall be subrogated, to the extent of the cost of care for services given, to the rights a client who receives treatment or care at a state facility may have under private health care coverage. The right of subrogation does not attach to benefits paid or provided under private health care coverage before the carrier issuing the health care coverage receives written notice of the exercise of subrogation rights. To recover under this section, the executive board, with counsel of the attorney general, may institute or join in a civil action against the carrier issuing the private health care coverage.
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