Tex. Health & Safety Code § 12.036

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 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.

Tex. Health and Safety Code § 12.036

Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 3.0030, eff. 4/2/2015.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989.