Sec. 12.036. SUBROGATION. (a) In furnishing public health services to a person, the department is subrogated to the person's right of recovery from:
(1) personal insurance;
(2) another person, for a personal injury caused by the other person's negligence or wrongdoing; or
(3) any other source.
(b) The department's right of subrogation is limited to the cost of the services provided.
(c) The executive commissioner or the executive commissioner's designee may waive the department's right of subrogation in whole or in part if the executive commissioner or the designee determines that:
(1) enforcement of the right would tend to defeat the purpose of the department's program; or
(2) the administrative expense of the enforcement would be greater than the expected recovery.
(d) The executive commissioner may adopt rules for the enforcement of the department's right of subrogation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0030, eff. April 2, 2015.
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