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.