Texas 2009 - 81st Regular

Texas Senate Bill SB1170 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R8682 ALB-F
2	2	By: Nichols S.B. No. 1170
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to health care services provided or paid by a hospital
8	8	district or public hospital.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 61.066, Health and Safety Code, is
11	11	amended by adding Subsection (c) to read as follows:
12	12	(c) A hospital district may recover an amount equal to the
13	13	value of any fraudulently obtained health care services provided to
14	14	a person disqualified under this section.
15	15	SECTION 2. Subchapter C, Chapter 61, Health and Safety
16	16	Code, is amended by adding Section 61.067 to read as follows:
17	17	Sec. 61.067. SUBROGATION. (a) The filing of an
18	18	application for or receipt of health care services provided or paid
19	19	for by a hospital district or public hospital constitutes an
20	20	assignment of the applicant's or recipient's right of recovery
21	21	from:
22	22	(1) personal insurance;
23	23	(2) other sources; or
24	24	(3) another person for personal injury caused by the
25	25	other person's negligence or wrong.
26	26	(b) A person who applies for or receives health care
27	27	services shall inform the hospital district or public hospital, at
28	28	the time of application or at any time during eligibility for
29	29	services, of:
30	30	(1) any unsettled tort claim that may affect medical
31	31	needs;
32	32	(2) any private accident or health insurance coverage
33	33	that is or may become available; and
34	34	(3) any injury that is caused by the act or failure to
35	35	act of some other person.
36	36	(c) An applicant or eligible resident shall inform the
37	37	hospital district or public hospital of information required by
38	38	Subsection (b) within 10 days of the date the person learns of the
39	39	person's insurance coverage, tort claim, or potential cause of
40	40	action.
41	41	(d) A claim for damages for personal injury does not
42	42	constitute grounds for denying or discontinuing services under this
43	43	chapter.
44	44	(e) A separate and distinct cause of action is created in
45	45	favor of the hospital district or public hospital, and the hospital
46	46	district or public hospital may, with the approval of the board of
47	47	directors or managers, take direct civil action in any court of
48	48	competent jurisdiction. A suit brought under this section does not
49	49	need to be ancillary to or dependent on any other action.
50	50	(f) The hospital district's or public hospital's right of
51	51	recovery under this section is limited to the amount of the cost of
52	52	services paid by the hospital district or public hospital. Other
53	53	subrogation rights granted under this section are limited to the
54	54	cost of the services provided by the hospital district or public
55	55	hospital.
56	56	(g) An applicant or eligible resident who knowingly and
57	57	intentionally fails to disclose the information required by
58	58	Subsection (b) is subject to denial of services under Section
59	59	61.066 following an administrative hearing.
60	60	(h) Procedures established by a hospital district or public
61	61	hospital for administrative hearings under this section shall
62	62	provide for appropriate due process, including procedures for
63	63	appeals.
64	64	SECTION 3. This Act applies only to the filing of an
65	65	application for services or receipt of services as described by
66	66	Section 61.067, Health and Safety Code, as added by this Act, on or
67	67	after the effective date of this Act. The filing of an application
68	68	for services or receipt of services before the effective date of
69	69	this Act is governed by the law in effect on the date of filing or
70	70	receipt of services, and the prior law is continued in effect for
71	71	that purpose.
72	72	SECTION 4. This Act takes effect September 1, 2009.