Tex.
Gov't Code Section 525.0102
Subrogation and Third-party Reimbursement Contracts
(a)
Except as provided by Subsection (d), the commission shall enter into a contract under which the contractor is authorized on behalf of the commission or a health and human services agency to recover money under a subrogation or third-party reimbursement right the commission or agency holds that arises from payment of medical expenses. The contract must provide that:(1)
the commission or agency, as appropriate, shall compensate the contractor based on a percentage of the amount of money the contractor recovers for the commission or agency; and(2)
the contractor may represent the commission or agency in a court proceeding to recover money under a subrogation or third-party reimbursement right if:(A)
the attorney required by other law to represent the commission or agency in court approves; and(B)
the representation is cost-effective and specifically authorized by the commission.(b)
The commission shall develop a process to:(1)
identify claims for the recovery of money under a subrogation or third-party reimbursement right described by this section; and(2)
refer the identified claims to a contractor authorized under this section.(c)
A health and human services agency shall cooperate with a contractor authorized under this section on a claim the agency refers to the contractor for recovery.(d)
If the commission cannot identify a contractor who is willing to contract with the commission under this section on reasonable terms, the commission:(1)
is not required to enter into a contract under Subsection (a); and(2)
shall develop and implement alternative policies to ensure the recovery of money under a subrogation or third-party reimbursement right.(e)
The commission may allow a state agency other than a health and human services agency to be a party to the contract required by Subsection (a). If the commission allows an additional state agency to be a party to the contract, the commission shall modify the contract as necessary to reflect the services the contractor is to provide to that agency.
Source:
Section 525.0102 — Subrogation and Third-party Reimbursement Contracts, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.525.htm#525.0102 (accessed Jun. 5, 2024).
