73R7314 MLR-F By Hirschi H.B. No. 2790 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to county responsibility for indigent health care 1-3 services. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 61, Health and Safety Code, 1-6 is amended by adding Sections 61.042-61.044 to read as follows: 1-7 Sec. 61.042. EMPLOYMENT SERVICES PROGRAM. (a) A county may 1-8 establish procedures consistent with those used by the department 1-9 under Chapter 31, Human Resources Code, for administering an 1-10 employment services program and requiring an applicant or eligible 1-11 resident to register for work with the Texas Employment Commission. 1-12 (b) The county shall notify all persons with pending 1-13 applications and eligible residents of the employment service 1-14 program requirements not less than 30 days before the program is 1-15 established. 1-16 Sec. 61.043. PREVENTION AND DETECTION OF FRAUD. (a) The 1-17 county shall adopt reasonable procedures for minimizing the 1-18 opportunity for fraud, for establishing and maintaining methods for 1-19 detecting and identifying situations in which a question of fraud 1-20 may exist, and for administrative hearings to be conducted on 1-21 disqualifying persons in cases where fraud appears to exist. 1-22 (b) Procedures established by a county for administrative 1-23 hearings conducted under this section shall provide for appropriate 2-1 due process, including procedures for appeals. 2-2 Sec. 61.044. SUBROGATION. (a) The filing of an application 2-3 for or receipt of services constitutes an assignment of the 2-4 applicant's or recipient's right of recovery from: 2-5 (1) personal insurance; 2-6 (2) other sources; or 2-7 (3) another person for personal injury caused by the 2-8 other person's negligence or wrong. 2-9 (b) A person who applies for or receives services shall 2-10 inform the county, at the time of application or at any time during 2-11 eligibility, of any unsettled tort claim that may affect medical 2-12 needs and of any private accident or sickness insurance coverage 2-13 that is or may become available. An applicant or eligible resident 2-14 shall inform the county of any injury that is caused by the act or 2-15 failure to act of some other person. An applicant or eligible 2-16 resident shall inform the county as required by this subsection 2-17 within 10 days of the date the person learns of the person's 2-18 insurance coverage, tort claim, or potential cause of action. 2-19 (c) A claim for damages for personal injury does not 2-20 constitute grounds for denying or discontinuing services under this 2-21 chapter. 2-22 (d) A separate and distinct cause of action in favor of the 2-23 county is hereby created, and the county may, without written 2-24 consent, take direct civil action in any court of competent 2-25 jurisdiction. A suit brought under this section need not be 3-1 ancillary to or dependent on any other action. 3-2 (e) The county's right of recovery is limited to the amount 3-3 of the cost of services paid by the county. Other subrogation 3-4 rights granted under this section are limited to the cost of the 3-5 services provided. 3-6 (f) An applicant or eligible resident who knowingly and 3-7 intentionally fails to disclose the information required by 3-8 Subsection (b) commits a Class C misdemeanor. 3-9 (g) An applicant or eligible resident is subject to denial 3-10 of services under this chapter following an administrative hearing. 3-11 SECTION 2. This Act takes effect September 1, 1993, and 3-12 applies to services provided on or after that date. 3-13 SECTION 3. The importance of this legislation and the 3-14 crowded condition of the calendars in both houses create an 3-15 emergency and an imperative public necessity that the 3-16 constitutional rule requiring bills to be read on three several 3-17 days in each house be suspended, and this rule is hereby suspended.