2011S0539-1 03/01/11
By: Hinojosa S.B. No. 1221
A BILL TO BE ENTITLED
AN ACT
relating to subrogation of certain costs for services provided or
paid by the Nueces County Hospital District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 281, Health and Safety
Code, is amended by adding Section 281.075 to read as follows:
Sec. 281.075. SUBROGATION BY NUECES COUNTY HOSPITAL
DISTRICT. (a) The filing of an application for or receipt of
health care services provided or paid for by the Nueces County
Hospital District constitutes an assignment of the applicant's or
recipient's right of recovery from:
(1) personal insurance;
(2) other sources; or
(3) another person for personal injury caused by the
other person's negligence or wrong.
(b) A person who applies for or receives health care
services shall inform the Nueces County Hospital District, at the
time of application or at any time during eligibility for services,
of:
(1) any unsettled tort claim that may affect medical
needs;
(2) any private accident or health insurance coverage
that is or may become available; and
(3) any injury that is caused by the act or failure to
act of some other person.
(c) An applicant or eligible resident shall inform the
Nueces County Hospital District of information required by
Subsection (b) within 10 days of the date the person learns of the
person's insurance coverage, tort claim, or potential cause of
action.
(d) A claim for damages for personal injury does not
constitute grounds for denying or discontinuing services under this
chapter or Chapter 61.
(e) A separate and distinct cause of action is created in
favor of the Nueces County Hospital District, and the district may,
with the approval of the board of managers, take direct civil action
in any court of competent jurisdiction. A suit brought under this
section does not need to be ancillary to or dependent on any other
action.
(f) The Nueces County Hospital District's right of recovery
under this section is limited to the amount of the cost of services
paid by the district. Other subrogation rights granted under this
section are limited to the cost of the services provided by the
Nueces County Hospital District.
(g) An applicant or eligible resident who knowingly and
intentionally fails to disclose the information required by
Subsection (b) is subject to denial of services under Section
61.066, following an administrative hearing.
(h) Procedures established by the Nueces County Hospital
District for administrative hearings under this section shall
provide for appropriate due process, including procedures for
appeals.
SECTION 2. This Act applies only to the filing of an
application for services or receipt of services as described by
Section 281.075, Health and Safety Code, as added by this Act, on or
after the effective date of this Act. The filing of an application
for services or receipt of services before the effective date of
this Act is governed by the law in effect on the date of filing for
or receipt of services, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2011.