Texas 2011 82nd Regular

Texas House Bill HB2438 Introduced / Fiscal Note

Filed 02/01/2025

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                    LEGISLATIVE BUDGET BOARD    Austin, Texas      FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION            March 26, 2011      TO: Honorable Jim Jackson, Chair, House Committee on Judiciary & Civil Jurisprudence      FROM: John S O'Brien, Director, Legislative Budget Board     IN RE:HB2438 by Sheets (Relating to interest on damages subject to Medicare subrogation.), As Introduced    No significant fiscal implication to the State is anticipated.  The bill would amend the Civil Practice and Remedies Code to provide that interest does not accrue on the unpaid damages of an award to a plaintiff subject to Medicare subrogation until the defendant receives a recovery demand letter issued by the Center for Medicare and Medicaid Services or its designated contractor.  According to the Office of the Attorney General, the bill would only affect Medicare and does not impact the states Medicaid recovery. Accordingly, no significant fiscal implication to the state is anticipated. The bill would take effect September 1, 2011. Local Government Impact No significant fiscal implication to units of local government is anticipated.    Source Agencies:212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 529 Health and Human Services Commission   LBB Staff:  JOB, JT, TB, ES, KKR    

LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
March 26, 2011





  TO: Honorable Jim Jackson, Chair, House Committee on Judiciary & Civil Jurisprudence      FROM: John S O'Brien, Director, Legislative Budget Board     IN RE:HB2438 by Sheets (Relating to interest on damages subject to Medicare subrogation.), As Introduced  

TO: Honorable Jim Jackson, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB2438 by Sheets (Relating to interest on damages subject to Medicare subrogation.), As Introduced

 Honorable Jim Jackson, Chair, House Committee on Judiciary & Civil Jurisprudence 

 Honorable Jim Jackson, Chair, House Committee on Judiciary & Civil Jurisprudence 

 John S O'Brien, Director, Legislative Budget Board

 John S O'Brien, Director, Legislative Budget Board

HB2438 by Sheets (Relating to interest on damages subject to Medicare subrogation.), As Introduced

HB2438 by Sheets (Relating to interest on damages subject to Medicare subrogation.), As Introduced



No significant fiscal implication to the State is anticipated.

No significant fiscal implication to the State is anticipated.



The bill would amend the Civil Practice and Remedies Code to provide that interest does not accrue on the unpaid damages of an award to a plaintiff subject to Medicare subrogation until the defendant receives a recovery demand letter issued by the Center for Medicare and Medicaid Services or its designated contractor.  According to the Office of the Attorney General, the bill would only affect Medicare and does not impact the states Medicaid recovery. Accordingly, no significant fiscal implication to the state is anticipated. The bill would take effect September 1, 2011.

The bill would amend the Civil Practice and Remedies Code to provide that interest does not accrue on the unpaid damages of an award to a plaintiff subject to Medicare subrogation until the defendant receives a recovery demand letter issued by the Center for Medicare and Medicaid Services or its designated contractor.  According to the Office of the Attorney General, the bill would only affect Medicare and does not impact the states Medicaid recovery. Accordingly, no significant fiscal implication to the state is anticipated. The bill would take effect September 1, 2011.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 529 Health and Human Services Commission

212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 529 Health and Human Services Commission

LBB Staff: JOB, JT, TB, ES, KKR

 JOB, JT, TB, ES, KKR