By Gallego H.B. No. 2728
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the assignment of rates of recovery from personal
1-3 injury made by persons who apply for, or receive, medical
1-4 assistance, and liability of third parties relating to same.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 32.033 of the Human Resources Code is
1-7 hereby amended to read as follows:
1-8 (b) A person who applies for or receives medical assistance
1-9 shall inform the department, at the time of application or at any
1-10 time during eligibility and receipt of services, of any unsettled
1-11 tort claim which may affect medical needs and of any private
1-12 accident or sickness insurance coverage that is or may become
1-13 available. A recipient shall inform the department of any injury
1-14 requiring medical attention that is caused by the act or failure to
1-15 act of some other person. An applicant or a recipient shall inform
1-16 the department as required by this subsection within 60 days of the
1-17 date the person learns of his or her insurance coverage, tort
1-18 claim, or potential cause of action. An applicant or a recipient
1-19 shall not settle or resolve any such claim without written
1-20 authorization to do so from the Commissioner. No third party or
1-21 agents, insurers, or attorneys for third parties shall participate
1-22 in the settlement or resolution of such a claim if they actually
1-23 know, or should know, that the claimant has received medical
2-1 assistance and is subject to the assignment provisions of this
2-2 subsection. Any attempt by such third party, or agents, insurers,
2-3 or attorneys of third parties to settle such a claim is void and
2-4 shall result in no release from liability to the department for any
2-5 claims assigned pursuant to this subchapter. All such agents,
2-6 insurers, and attorneys are personally liable to the department for
2-7 any funds paid to a claimant in violation of this subsection, up to
2-8 the full amount of the department's right to reimbursement. An
2-9 applicant, <or a> recipient, third party, or any agents, attorneys,
2-10 or insurers of third parties who knowingly <and> or intentionally
2-11 fail<s> to <disclose the information required by> comply with the
2-12 requirements of this subsection commit<s> a Class <C> B
2-13 misdemeanor.
2-14 SECTION 2. This act takes effect immediately upon passage
2-15 and applies to all claims that arise after the effective date of
2-16 the act.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.