By Coleman H.B. No. 3275 75R7804 PEP-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the payment of certain health-related expenses incurred 1-3 by persons confined in a county jail or kept under guard by a 1-4 county. 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 adding Subsection (e) to read as follows: 1-8 (e) If a person who is a prisoner confined in a county jail 1-9 or kept under guard by the county receives medical, dental, or 1-10 health-related services from a provider other than a mandated 1-11 provider, as defined by Section 61.002, Health and Safety Code, the 1-12 county is liable to the provider for all reasonable and customary 1-13 expenses incurred in providing those services during the period in 1-14 which the prisoner is under the care of the provider. The county 1-15 shall audit, approve, and pay a claim made under this subsection 1-16 not later than the 45th day after the county receives the claim. 1-17 The provider and the county shall use reasonable diligence and 1-18 shall cooperate to effect a prompt and legally and medically 1-19 appropriate transfer of each prisoner or person kept under guard 1-20 who receives services described by this subsection. If the prisoner 1-21 or person kept under guard is an eligible county or hospital 1-22 district resident, as defined by Section 61.002, Health and Safety 1-23 Code, the county that makes payment on a claim under this 1-24 subsection may apply for reimbursement up to the amount of the 2-1 payment in the manner provided by Chapter 61, Health and Safety 2-2 Code. If the prisoner or person kept under guard is not an 2-3 eligible county or hospital district resident, as defined by 2-4 Section 61.002, Health and Safety Code, the county that makes 2-5 payment on a claim under this subsection has a right of subrogation 2-6 to the right of the prisoner or person kept under guard to recover 2-7 from any source, limited to the amount paid by the county to the 2-8 provider. A county that applies for reimbursement under Chapter 2-9 61, Health and Safety Code, or claims a right of subrogation 2-10 remains liable for payment of a claim made by the provider within 2-11 the 45-day period prescribed by this subsection. A provider that 2-12 brings action against a county to recover an amount owed under this 2-13 subsection and prevails in that action may recover, in addition to 2-14 the amount owed, reasonable attorney's fees and court costs 2-15 incurred in the action. Not later than the 30th day after the date 2-16 on which judgment in the suit becomes final and all appeals are 2-17 exhausted, the county treasurer shall pay to the provider out of 2-18 the county treasury an amount equal to the amount of the judgment, 2-19 including fees and costs. 2-20 SECTION 2. This Act takes effect September 1, 1997, and 2-21 applies only to the payment of expenses incurred on or after 2-22 September 1, 1997, in providing services to a prisoner confined in 2-23 a county jail or kept under guard by a county. 2-24 SECTION 3. The importance of this legislation and the 2-25 crowded condition of the calendars in both houses create an 2-26 emergency and an imperative public necessity that the 2-27 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended.