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.