75R11086 SAW-F                           

         By Coleman                                            H.B. No. 2932

         Substitute the following for H.B. No. 2932:

         By Berlanga                                       C.S.H.B. No. 2932

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the rights of recovery of Medicaid providers.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 32.033, Human Resources Code, is amended

 1-5     by adding Subsection (i) to read as follows:

 1-6           (i)  A hospital provider may recover from a third party any

 1-7     funds to which the department has a right of recovery under

 1-8     Subsection (a)(3).  In addition, a hospital provider may file a

 1-9     lien under Chapter 55, Property Code, to recover the full amount of

1-10     hospital charges for services provided to a recipient.  On recovery

1-11     from a third party, the hospital provider shall reimburse the

1-12     department for any amount previously paid to the hospital provider

1-13     by the department.  The combined amounts received by the hospital

1-14     provider from the department and the third party may not exceed the

1-15     amount charged by the hospital for the injured recipient's first

1-16     100 days of hospitalization.

1-17           SECTION 2.  This Act takes effect September 1, 1997.

1-18           SECTION 3.  The importance of this legislation and the

1-19     crowded condition of the calendars in both houses create an

1-20     emergency and an imperative public necessity that the

1-21     constitutional rule requiring bills to be read on three several

1-22     days in each house be suspended, and this rule is hereby suspended.