Texas Health & Safety Code - Section 61.044. Subrogation
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Texas Laws > Health & Safety Code > Texas Health & Safety Code - Section 61.044. Subrogation
§ 61.044. SUBROGATION. (a) The filing of an application
for or receipt of services 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 services shall
inform the county, at the time of application or at any time during
eligibility, of any unsettled tort claim that may affect medical
needs and of any private accident or sickness insurance coverage
that is or may become available. An applicant or eligible resident
shall inform the county of any injury that is caused by the act or
failure to act of some other person. An applicant or eligible
resident shall inform the county as required by this subsection
within 10 days of the date the person learns of the person's
insurance coverage, tort claim, or potential cause of action.
(c) A claim for damages for personal injury does not
constitute grounds for denying or discontinuing services under this
chapter.
(d) A separate and distinct cause of action in favor of the
county is hereby created, and the county may, without written
consent, take direct civil action in any court of competent
jurisdiction. A suit brought under this section need not be
ancillary to or dependent on any other action.
(e) The county's right of recovery is limited to the amount
of the cost of services paid by the county. Other subrogation
rights granted under this section are limited to the cost of the
services provided.
(f) An applicant or eligible resident who knowingly and
intentionally fails to disclose the information required by
Subsection (b) commits a Class C misdemeanor.
(g) An applicant or eligible resident is subject to denial
of services under this chapter following an administrative hearing.
Added by Acts 1993, 73rd Leg., ch. 880, § 1, eff. Sept. 1, 1993.
Section: 61.038 61.039 61.0395 61.040 61.041 61.042 61.043 61.044 61.051 61.052 61.053 61.054 61.055 61.056 61.057
Last modified: August 11, 2007
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