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.