73R7314 MLR-F
By Hirschi H.B. No. 2790
Substitute the following for H.B. No. 2790:
By Clemons C.S.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.