Texas Health And Safety Code Title 2, Chapter 61 - Indigent Health Care And Treatment Act
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 61.001 - Short Title
This chapter may be cited as the Indigent Health Care and Treatment Act. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
- Texas Section 61.002 - Definitions
In this chapter: (1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(21), eff. April 2, 2015. (2) "Eligible county resident" means an...
- Texas Section 61.003 - Residence
(a) For purposes of this chapter, a person is presumed to be a resident of the governmental entity in which the person's home or fixed...
- Texas Section 61.004 - Residence Or Eligibility Dispute
(a) If a provider of assistance and a governmental entity or hospital district cannot agree on a person's residence or whether a person is eligible...
- Texas Section 61.0045 - Information Necessary To Determine Eligibility
(a) Any provider, including a mandated provider, public hospital, or hospital district, that delivers health care services to a patient who the provider suspects is...
- Texas Section 61.005 - Contribution Toward Cost Of Assistance
(a) A county, public hospital, or hospital district may request an eligible resident receiving health care assistance under this chapter to contribute a nominal amount...
- Texas Section 61.006 - Standards And Procedures
(a) The department shall establish minimum eligibility standards and application, documentation, and verification procedures for counties to use in determining eligibility under this chapter. (b)...
- Texas Section 61.007 - Information Provided By Applicant
The executive commissioner by rule shall require each applicant to provide at least the following information: (1) the applicant's full name and address; (2) the...
- Texas Section 61.008 - Eligibility Rules
(a) The executive commissioner by rule shall provide that in determining eligibility: (1) a county may not consider the value of the applicant's homestead; (2)...
- Texas Section 61.009 - Reporting Requirements
(a) The department shall establish uniform reporting requirements for governmental entities that own, operate, or lease public hospitals providing assistance under this chapter and for...
- Texas Section 61.010 - Dedicated Tax Revenues
If the governing body of a governmental entity adopts a property tax rate that exceeds the rate calculated under Section 26.04, Tax Code, by more...
- Texas Section 61.011 - Services By State Hospital Or Clinic
A state hospital or clinic shall be entitled to payment for services rendered to an eligible resident under the provisions of this chapter applicable to...
SUBCHAPTER B COUNTY RESPONSIBILITY FOR PERSONS NOT RESIDING IN AN AREA SERVED BY A PUBLIC HOSPITAL OR HOSPITAL DISTRICT
- Texas Section 61.012 - Reimbursement For Services
(a) In this section, "sponsored alien" means a person who has been lawfully admitted to the United States for permanent residence under the Immigration and...
- Texas Section 61.021 - Application Of Subchapter
This subchapter applies to health care services and assistance provided to a person who does not reside in the service area of a public hospital...
- Texas Section 61.022 - County Obligation
(a) A county shall provide health care assistance as prescribed by this subchapter to each of its eligible county residents. (b) The county is the...
- Texas Section 61.0221 - Authority Relating To Other Assistance Programs
This subchapter does not affect the authority of the commissioners court of a county to provide eligibility standards or other requirements relating to assistance programs...
- Texas Section 61.023 - General Eligibility Provisions
(a) A person is eligible for assistance under this subchapter if: (1) the person does not reside in the service area of a public hospital...
- Texas Section 61.024 - County Application Procedure
(a) A county shall adopt an application procedure. (b) The county may use the application, documentation, and verification procedures established by the department under Sections...
- Texas Section 61.025 - County Agreement With Municipality
(a) This section applies to a municipality that has a population of less than 15,000, that owns, operates, or leases a hospital, and that has...
- Texas Section 61.026 - Review Of Eligibility
A county shall review at least once every six months the eligibility of a resident for whom an application for assistance has been granted and...
- Texas Section 61.027 - Change In Eligibility Status
(a) An eligible resident must report any change in income or resources that might affect the resident's eligibility. The report must be made not later...
- Texas Section 61.028 - Basic Health Care Services
(a) A county shall, in accordance with department rules adopted under Section 61.006, provide the following basic health care services: (1) primary and preventative services...
- Texas Section 61.0285 - Optional Health Care Services
(a) In addition to basic health care services provided under Section 61.028, a county may, in accordance with department rules adopted under Section 61.006, provide...
- Texas Section 61.029 - Provision Of Health Care Services
(a) A county may arrange to provide health care services through a local health department, a publicly owned facility, or a contract with a private...
- Texas Section 61.030 - Mandated Provider
A county may select one or more providers of health care services. The county may require eligible county residents to obtain care from a mandated...
- Texas Section 61.031 - Notification Of Provision Of Nonemergency Services
(a) A county may require any provider, including a mandated provider, to obtain approval from the county before providing nonemergency health care services to an...
- Texas Section 61.032 - Notification Of Provision Of Emergency Services
(a) If a nonmandated provider delivers emergency services to a patient who the provider suspects might be eligible for assistance under this subchapter, the provider...
- Texas Section 61.033 - Payment For Services
(a) To the extent prescribed by this chapter, a county is liable for health care services provided under this subchapter by any provider, including a...
- Texas Section 61.034 - Payment Standards For Health Care Services
(a) A county is not liable for the cost of a health care service provided under Section 61.028 or 61.0285 that is in excess of...
- Texas Section 61.035 - Limitation Of County Liability
The maximum county liability for each state fiscal year for health care services provided by all assistance providers, including a hospital and a skilled nursing...
- Texas Section 61.036 - Determination Of Eligibility For Purposes Of State Assistance
(a) A county may not credit an expenditure made to assist an eligible county resident toward eligibility for state assistance under this subchapter unless the...
- Texas Section 61.037 - County Eligibility For State Assistance
(a) The department may distribute funds as provided by this subchapter to eligible counties to assist the counties in providing health care services under Sections...
- Texas Section 61.038 - Distribution Of Assistance Funds
(a) If the department determines that a county is eligible for assistance, the department shall distribute funds appropriated to the department from the indigent health...
- Texas Section 61.039 - Failure To Provide State Assistance
If the department fails to provide assistance to an eligible county as prescribed by Section 61.038, the county is not liable for payments for health...
- Texas Section 61.0395 - Limited To Appropriated Funds
(a) The total amount of state assistance provided to counties under this chapter for a fiscal year may not exceed the amount appropriated for that...
- Texas Section 61.040 - Tax Information
The comptroller shall give the department information relating to: (1) the taxable value of property taxable by each county and each county's applicable general revenue...
- Texas Section 61.041 - County Reporting
(a) The department shall establish monthly reporting requirements for a county seeking state assistance and establish procedures necessary to determine if the county is eligible...
- Texas Section 61.042 - Employment Services Program
(a) A county may establish procedures consistent with those used by the commission under Chapter 31, Human Resources Code, for administering an employment services program...
- Texas Section 61.043 - Prevention And Detection Of Fraud
(a) The county shall adopt reasonable procedures for minimizing the opportunity for fraud, for establishing and maintaining methods for detecting and identifying situations in which...
SUBCHAPTER C PERSONS WHO RESIDE IN AN AREA SERVED BY A PUBLIC HOSPITAL OR HOSPITAL DISTRICT
- Texas Section 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...
- Texas Section 61.051 - Application Of Subchapter
(a) This subchapter applies to health care services and assistance provided to a person who resides in the service area of a public hospital or...
- Texas Section 61.052 - General Eligibility Provisions
(a) A public hospital or hospital district shall provide health care assistance to each eligible resident in its service area who meets: (1) the basic...
- Texas Section 61.053 - Application Procedure
(a) A public hospital or hospital district shall adopt an application procedure. (b) Not later than the beginning of a public hospital's or hospital district's...
- Texas Section 61.054 - Basic Health Care Services Provided By A Public Hospital
(a) Except as provided by Subsection (c), a public hospital shall endeavor to provide the basic health care services a county is required to provide...
- Texas Section 61.055 - Basic Health Care Services Provided By Hospital Districts
(a) Except as provided by Subsection (b), a hospital district shall endeavor to provide the basic health care services a county is required to provide...
- Texas Section 61.056 - Provision Of Health Care Services
(a) A public hospital or hospital district may arrange to provide health care services through a local health department, a publicly owned facility, or a...
- Texas Section 61.057 - Mandated Provider
A public hospital may select one or more providers of health care services. A public hospital may require eligible residents to obtain care from a...
- Texas Section 61.058 - Notification Of Provision Of Nonemergency Services
(a) A public hospital may require any provider, including a mandated provider, to obtain approval from the hospital before providing nonemergency health care services to...
- Texas Section 61.059 - Notification Of Provision Of Emergency Services
(a) If a nonmandated provider delivers emergency services to a patient who the provider suspects might be eligible for assistance under this subchapter, the provider...
- Texas Section 61.060 - Payment For Services
(a) To the extent prescribed by this chapter, a public hospital is liable for health care services provided under this subchapter by any provider, including...
- Texas Section 61.061 - Payment Rates And Limits
The payment rates and limits prescribed by Sections 61.034 and 61.035 that relate to county services apply to inpatient and outpatient hospital services a public...
- Texas Section 61.062 - Responsibility Of Governmental Entity
A governmental entity that owns, operates, or leases a public hospital shall provide sufficient funding to the hospital to provide basic health care services. Acts...
- Texas Section 61.063 - Procedure To Change Eligibility Standards Or Services Provided
(a) A public hospital may not change its eligibility standards to make the standards more restrictive and may not reduce the health care services it...
- Texas Section 61.064 - Transfer Of A Public Hospital
(a) A governmental entity that owns, operates, or leases a public hospital and that closes, sells, or leases the hospital: (1) has the obligation to...
- Texas Section 61.065 - County Responsibility For Hospital Sold On Or After January 1, 1988
(a) This section applies to a county that, on or after January 1, 1988, sells to a purchaser that is not a governmental entity a...
- Texas Section 61.066 - Prevention And Detection Of Fraud
(a) A hospital district may adopt reasonable procedures for minimizing the opportunity for fraud, for establishing and maintaining methods for detecting and identifying situations in...
- Texas Section 61.067 - Lien By Non-provider Hospital District
(a) This section applies to a hospital district that does not operate a hospital. (b) After the hospital district pays the providing hospital for the...
- Texas Section 61.068 - Employment Services Program
(a) A public hospital or hospital district may establish procedures consistent with those used by the commission under Chapter 31, Human Resources Code, for administering...
Last modified: September 28, 2016