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. Chapter 61. of the Health & Safety Code is 1-6 amended with the addition of Sections 61.042 to read as follows: 1-7 Section 61.042. Employment Services Program 1-8 (a) The commissioners court of any county whose residents 1-9 reside outside an area served by a public hospital or hospital 1-10 district may establish procedures consistent with those used by the 1-11 department in the AFDC program for administering an employment 1-12 services program and requiring work registration with the Texas 1-13 Employment Commission. 1-14 (b) The county shall notify all applicants and eligible 1-15 residents 30 days prior to establishment of employment service 1-16 program requirements. 1-17 SECTION 2. Chapter 61. of the Health & Safety Code is 1-18 amended with the addition of Sections 61.043 to read as follows: 1-19 Section 61.043. Fraud 1-20 (a) The county shall adopt reasonable procedures for 1-21 minimizing the opportunity for fraud, for establishing and 1-22 maintaining methods of detecting and identifying situations in 1-23 which a question of fraud may exist, and for administrative 2-1 hearings to be conducted on disqualifying persons in cases where 2-2 fraud appears to exist. 2-3 (b) Procedures established by a county for the conduct of 2-4 administrative hearings under this section shall provide for 2-5 appropriate due process including procedures for appeals. 2-6 SECTION 3. Chapter 61. of the Health & Safety Code is 2-7 amended with the addition of Sections 61.042 to read as follows: 2-8 Section 61.043. Subrogation 2-9 (a) The filing of an application for or receipt of services 2-10 constitutes an assignment of the applicant's or recipient's right 2-11 of recovery from: 2-12 (1) personal insurance; 2-13 (2) other sources; or 2-14 (3) another person for personal injury caused by the 2-15 other person's negligence or wrong. 2-16 (b) A person who applies for or receives services shall 2-17 inform the county, at the time of application or at any time during 2-18 eligibility, of any unsettled tort claim which may affect medical 2-19 needs and of any private accident or sickness insurance coverage 2-20 that is or may become available. A applicant or eligible resident 2-21 shall inform the county of any injury that is caused by the act or 2-22 failure to act of some other person. An applicant or eligible 2-23 resident shall inform the county within 10 days of the date the 2-24 person learns of his or her insurance coverage, tort claim, or 2-25 potential cause of action. 3-1 (c) A claim for damages for personal injury does not 3-2 constitute grounds for denying or discontinuing services. 3-3 (d) A separate and distinct cause of action in favor of the 3-4 county is hereby created. The county may, without written consent, 3-5 take direct civil action in any court of competent jurisdiction. A 3-6 suit brought under this section need not be ancillary to or 3-7 dependent upon any other action. 3-8 (e) The county's right of recovery is limited to the amount 3-9 of the cost of services paid by the county. Other subrogation 3-10 rights granted under this section are limited to the cost of the 3-11 services provides. 3-12 (f) An applicant or a eligible resident who knowingly and 3-13 intentionally fails to disclose the information required by this 3-14 subsection commits a Class C misdemeanor and is subject to denial 3-15 of services following administrative hearing process established by 3-16 the county. 3-17 SECTION 4. This Act takes effect September 1, 1993, and 3-18 applies to services provided on or after that date. Services 3-19 provided before that date are covered by the law in effect when the 3-20 services were provided, and that law is continued in effect for 3-21 this purpose. 3-22 SECTION 5. The importance of this legislation and the 3-23 crowded condition of the calendars in both houses create and 3-24 emergency and an imperative public necessity that the 3-25 constitutional rule requiring bills to be read on three several 4-1 days in each house be suspended, and this rule is here suspended.