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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 2. HEALTH |
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Subtitle A. TEXAS DEPARTMENT OF HEALTH |
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Chapter 12. POWERS AND DUTIES OF TEXAS DEPARTMENT OF HEALTH |
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Subchapter D. FEES FOR PUBLIC HEALTH SERVICES |
Sec. 12.036. SUBROGATION
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(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 board or the board's designee may waive the department's right of subrogation in whole or in part if the board 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 board may adopt rules for the enforcement of the department's right of subrogation.