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A BILL TO BE ENTITLED
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AN ACT
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relating to subrogation of certain costs for services provided or |
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paid by the Nueces County Hospital District; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 281, Health and Safety |
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Code, is amended by adding Section 281.075 to read as follows: |
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Sec. 281.075. SUBROGATION BY NUECES COUNTY HOSPITAL |
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DISTRICT. (a) The filing of an application for or receipt of |
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health care services provided or paid for by the Nueces County |
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Hospital District constitutes an assignment of the applicant's or |
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recipient's right of recovery from: |
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(1) personal insurance; |
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(2) other sources; or |
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(3) another person for personal injury caused by the |
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other person's negligence or wrong. |
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(b) A person who applies for or receives health care |
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services shall inform the Nueces County Hospital District, at the |
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time of application or at any time during eligibility for services, |
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of: |
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(1) any unsettled tort claim that may affect medical |
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needs; |
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(2) any private accident or health insurance coverage |
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that is or may become available; and |
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(3) any injury that is caused by the act or failure to |
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act of some other person. |
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(c) An applicant or eligible resident shall inform the |
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Nueces County Hospital District of information required by |
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Subsection (b) within 10 days of the date the person learns of the |
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person's insurance coverage, tort claim, or potential cause of |
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action. |
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(d) A claim for damages for personal injury does not |
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constitute grounds for denying or discontinuing services under this |
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chapter or Chapter 61. |
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(e) A separate and distinct cause of action is created in |
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favor of the Nueces County Hospital District, and the district may, |
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with the approval of the board of managers, take direct civil action |
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in any court of competent jurisdiction. A suit brought under this |
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section does not need to be ancillary to or dependent on any other |
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action. |
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(f) The Nueces County Hospital District's right of recovery |
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under this section is limited to the amount of the cost of services |
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paid by the district. Other subrogation rights granted under this |
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section are limited to the cost of the services provided by the |
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Nueces County Hospital District. |
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(g) An applicant or eligible resident who knowingly and |
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intentionally fails to disclose the information required by |
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Subsection (b): |
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(1) is subject to denial of services under Section |
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61.066, following an administrative hearing; and |
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(2) commits an offense. |
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(h) An offense under Subsection (g)(2) is a Class C |
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misdemeanor. If conduct constituting an offense under Subsection |
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(g)(2) also constitutes an offense under another law, the actor may |
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be prosecuted under Subsection (g)(2), the other law, or both. |
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(i) Procedures established by the Nueces County Hospital |
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District for administrative hearings under this section shall |
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provide for appropriate due process, including procedures for |
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appeals. |
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SECTION 2. This Act applies only to the filing of an |
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application for services or receipt of services as described by |
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Section 281.075, Health and Safety Code, as added by this Act, on or |
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after the effective date of this Act. The filing of an application |
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for services or receipt of services before the effective date of |
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this Act is governed by the law in effect on the date of filing for |
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or receipt of services, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |