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.