By Uher                                                H.B. No. 778
         77R941 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the responsibility for payment of costs incurred in
 1-3     providing certain medical, dental, or health-related services to a
 1-4     state prisoner held in county jail.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Article 104.002(d), Code of Criminal Procedure, is
 1-7     amended to read as follows:
 1-8           (d)(1)  A person who is [or was] a prisoner in a county jail
 1-9     and receives [received] medical, dental, or health-related [health
1-10     related] services from  a county or a hospital district shall be
1-11     required to pay for the [such] services when the services [they]
1-12     are rendered. If the [such] prisoner is an eligible county resident
1-13     as defined in Section 61.002, Health and Safety Code, the county or
1-14     hospital district providing the services has a right of subrogation
1-15     to the prisoner's right of recovery from any source, limited to the
1-16     cost of services provided.  A prisoner, unless the prisoner fully
1-17     pays for the cost of services received, remains [shall remain]
1-18     obligated to reimburse the county or hospital district for any
1-19     medical, dental, or health-related [health] services provided, and
1-20     the county or hospital district may apply for reimbursement in the
1-21     manner provided by Chapter 61, Health and Safety Code.  A county or
1-22     hospital district may [shall have authority to] recover the amount
1-23     expended in a civil action.
1-24                 (2)  If the prisoner is a person confined in county
 2-1     jail awaiting transfer to a confinement facility operated by or
 2-2     under contract with the Texas Department of Criminal Justice or the
 2-3     Texas Youth Commission or is a person confined in county jail
 2-4     awaiting a hearing before a parole panel or a designated agent of
 2-5     the Board of Pardons and Paroles, the state shall reimburse the
 2-6     county or hospital district the reasonable cost of any necessary
 2-7     medical, dental, or health-related services provided.  The Texas
 2-8     Department of Health shall establish guidelines for the state to
 2-9     determine, for purposes of this section, whether a medical, dental,
2-10     or health-related service is necessary and whether a cost is
2-11     reasonable.  On the first day of each quarter of a county's fiscal
2-12     year, the county judge shall certify to the comptroller of public
2-13     accounts the costs for which the county is entitled to receive
2-14     reimbursement under this subdivision.  The comptroller, after
2-15     reviewing the certification for compliance with the guidelines,
2-16     shall issue to the commissioners court a warrant in the amount of
2-17     the reasonable costs of the necessary services provided.  On the
2-18     county's receipt of reimbursement, the state has a right of
2-19     recovery from any source described by Section 61.044(a), Health and
2-20     Safety Code.
2-21           SECTION 2. (a)  The Texas Department of Health shall
2-22     establish guidelines as required by Article 104.002(d), Code of
2-23     Criminal Procedure, as amended by this Act, not later than October
2-24     1, 2001.
2-25           (b)  This Act applies only to medical, dental, or
2-26     health-related service costs that are incurred on or after October
2-27     15, 2001. Medical, dental, or health-related service costs incurred
 3-1     before that date are covered by the law in effect when the costs
 3-2     were incurred, and the former law is continued in effect for that
 3-3     purpose.
 3-4           SECTION 3.  This Act takes effect immediately if it receives
 3-5     a vote of two-thirds of all the members elected to each house, as
 3-6     provided by Section 39, Article III, Texas Constitution.  If this
 3-7     Act does not receive the vote necessary for immediate effect, this
 3-8     Act takes effect September 1, 2001.