By Hamric                                             H.B. No. 2979
       74R7783 GWK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to dental, medical, and health-related expenses incurred
    1-3  by prisoners confined in county jail and persons kept under guard
    1-4  in county jail.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Article 104.002, Code of Criminal Procedure, is
    1-7  amended by amending Subsection (d), as amended by Chapters 14 and
    1-8  434, Acts of the 72nd Legislature, Regular Session, 1991, and by
    1-9  adding Subsections (e) and (f) to read as follows:
   1-10        (d)  A person who is <or was> a prisoner in a county jail or
   1-11  is kept under guard in a county jail and receives <received>
   1-12  medical, dental, or health-related <health related> services <from
   1-13  a county or a hospital district> shall be required to pay for such
   1-14  services when they are rendered.  If a health care provider,
   1-15  medical facility in the jail, public hospital, or mandated provider
   1-16  as defined by Section 61.002, Health and Safety Code, provides a
   1-17  medical, dental, or health-related service to a prisoner or person
   1-18  kept under guard, that entity or person may seek payment for the
   1-19  services only from the prisoner or person or from a natural person
   1-20  who is responsible for the support of the prisoner or person <such
   1-21  prisoner is an eligible county resident as defined in Section
   1-22  61.002, Health and Safety Code, the county or hospital district
   1-23  providing the services has a right of subrogation to the prisoner's
   1-24  right of recovery from any source, limited to the cost of services
    2-1  provided. A prisoner, unless the prisoner fully pays for the cost
    2-2  of services received, shall remain obligated to reimburse the
    2-3  county or hospital district for any medical, dental, or health
    2-4  services provided, and the county or hospital district may apply
    2-5  for reimbursement in the manner provided by Chapter 61, Health and
    2-6  Safety Code.  A county or hospital district shall have authority to
    2-7  recover the amount expended in a civil action>.
    2-8        (e)  A county may provide medical, dental, or health-related
    2-9  services to an indigent person who is a prisoner in a county jail
   2-10  or is kept under guard in a county jail at a medical facility in
   2-11  the jail or may obtain services for the prisoner or person from a
   2-12  public hospital, hospital district, or mandated provider as defined
   2-13  by Section 61.002, Health and Safety Code.  An entity or person
   2-14  performing a service under this subsection may seek reimbursement
   2-15  in the manner provided by Chapter 61, Health and Safety Code.
   2-16        (f)  If a provider other than a medical facility in the
   2-17  county jail, a public hospital, a hospital district, or a mandated
   2-18  provider as defined by Section 61.002, Health and Safety Code,
   2-19  provides emergency or trauma care or subsequent care to an indigent
   2-20  person who is a prisoner in a county jail or a person who is kept
   2-21  under guard in a county jail, the treatment is considered to be
   2-22  charity care under Section 311.031, Health and Safety Code, and the
   2-23  facility, hospital, hospital district, or mandated provider is not
   2-24  required to reimburse the provider.  If the condition of a prisoner
   2-25  or person kept under guard stabilizes, the county may transfer the
   2-26  prisoner to a public hospital, hospital district, or mandated
   2-27  provider in the county as provided by Chapter 61, Health and Safety
    3-1  Code, or other transfer law.
    3-2        SECTION 2.  The change in law made by this Act applies only
    3-3  to the reimbursement for medical, dental, or health-related
    3-4  services performed on or after the effective date of this Act.
    3-5  Reimbursement for services performed before the effective date of
    3-6  this Act is covered by the law in effect when the services were
    3-7  performed, and the former law is continued in effect for that
    3-8  purpose.
    3-9        SECTION 3.  This Act takes effect September 1, 1995.
   3-10        SECTION 4.  The importance of this legislation and the
   3-11  crowded condition of the calendars in both houses create an
   3-12  emergency and an imperative public necessity that the
   3-13  constitutional rule requiring bills to be read on three several
   3-14  days in each house be suspended, and this rule is hereby suspended.