81R3942 SJM-D

By: Jackson H.B. No. 1744

A BILL TO BE ENTITLED

AN ACT

relating to employer liability for the cost of health care services provided to certain indigent employees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 61.007, Health and Safety Code, is amended to read as follows:

Sec. 61.007. INFORMATION PROVIDED BY APPLICANT. The executive commissioner of the Health and Human Services Commission [department] by rule shall require each applicant to provide at least the following information:

(1) the applicant's full name and address;

(2) the applicant's social security number, if available;

(3) the number of persons in the applicant's household, excluding persons receiving Temporary Assistance for Needy Families, Supplemental Security Income, or Medicaid benefits;

(4) the applicant's county of residence;

(5) the existence of insurance coverage or other hospital or health care benefits for which the applicant is eligible;

(6) any transfer of title to real property that the applicant has made in the preceding 24 months;

(7) the applicant's annual household income, excluding the income of any household member receiving Temporary Assistance for Needy Families, Supplemental Security Income, or Medicaid benefits; [and]

(8) the amount of the applicant's liquid assets and the equity value of the applicant's car and real property; and

(9) the name and address of the applicant's employer, if available.

SECTION 2. Chapter 61, Health and Safety Code, is amended by adding Subchapter D to read as follows:

SUBCHAPTER D. EMPLOYER RESPONSIBILITY FOR CERTAIN EMPLOYEES

Sec. 61.081. DEFINITION. In this subchapter, "illegal alien" means an individual who is not a citizen or national of the United States whose presence in the country is not authorized by federal law.

Sec. 61.082. EMPLOYER LIABILITY. (a) This section applies to an individual who is an illegal alien and who would otherwise qualify under this chapter as an eligible resident of the county, public hospital, or hospital district in which the services were provided at the time the individual received health care services.

(b) An employer who knowingly employs an individual described by Subsection (a) is liable to the county, public hospital, or hospital district that is responsible for providing the services to eligible residents for the cost of the services provided.

(c) A county, public hospital, or hospital district may bring an action against the employer described by Subsection (b) to recover costs under Subsection (b). The costs collected under this subsection may be retained by the county, public hospital, or hospital district.

(d) In adopting an application procedure under Section 61.024 or 61.053 a county, public hospital, or hospital district shall require an applicant to provide available employer information.

SECTION 3. (a) Not later than January 1, 2010:

(1) the executive commissioner of the Health and Human Services Commission shall adopt the rules necessary to implement the changes in law made by this Act; and

(2) a county, public hospital, or hospital district shall adopt the application procedure as required by Section 61.082(d), Health and Safety Code, as added by this Act.

(b) Notwithstanding Section 61.082(b), Health and Safety Code, as added by this Act, an employer is not liable for costs under that section that accrue before April 1, 2010.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.