Tex. Health & Safety Code 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.
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.

Source: Section 12.036 — Subrogation, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­12.­htm#12.­036 (accessed Apr. 29, 2024).

12.001
General Powers and Duties of Executive Commissioner 12.0001
Commissioner’s Powers and Duties 12.002
Certain Procedures for Investigations 12.003
Legal Representation 12.011
Appropriations, Grants, and Donations 12.0011
Investigations in General 12.012
Awarding Contracts or Grants and Selecting Service Providers 12.013
Driving and Traffic Policies 12.014
Registry 12.015
Information on Community Services 12.016
Public Hearing Procedures 12.018
Unannounced Inspections 12.019
Genetic Counseling Fees 12.020
Protection and Use of Intellectual Property 12.031
Definition 12.032
Fees for Public Health Services 12.033
Distribution and Administration of Certain Vaccines and Sera 12.034
Collection Procedures 12.035
Public Health Services Fee Account 12.036
Subrogation 12.037
Modification, Suspension, or Termination of Services 12.038
Rules 12.039
Construction of Other Laws 12.051
Provision of Funds 12.052
Requirements for Expenditure of Certain Funds 12.053
Inventory Requirements 12.054
Disposition of Certain Department Property 12.055
Certain Procurements Made with Department Funds 12.056
Participation in Department Purchasing Contracts or Group Purchasing Program 12.071
Office of Border Health 12.072
Vector-borne and Zoonotic Disease Mitigation in Border Counties 12.091
Definition 12.092
Medical Advisory Board 12.093
Administration 12.094
Rules Relating to Medical Advisory Board Members 12.095
Board Panels 12.096
Physician Report 12.097
Confidentiality Requirements 12.098
Liability 12.0111
Licensing Fees 12.111
Texas Volunteer Health Corps 12.0112
Term of License 12.112
Coordinators 12.113
Volunteers 12.114
Vital Health Care Issues 12.0115
Integration of Health Care Delivery Programs 12.115
Mentors 12.116
Information 12.0121
Contracting for Professional Services 12.0122
Sale of Laboratory Services 12.0125
Drug Rebates 12.0127
Immigration Visa Waivers for Physicians 12.0128
Health Alert Network 12.131
Definitions 12.132
Certification to Comptroller 12.133
Collection of Information 12.134
Disputes Relating to Information Collected 12.135
Effect of Dispute 12.136
Adjustment Following Audit 12.137
Tobacco Settlement Permanent Trust Account Administration Advisory Committee 12.138
Approval of Rules 12.139
Annual Review 12.0145
Information About Enforcement Actions 12.0146
Trends in Enforcement
Green check means up to date. Up to date

Accessed:
Apr. 29, 2024

§ 12.036’s source at texas​.gov