Sec. 36.010. RECOVERY OF COSTS. (a) The department is entitled to recover an expenditure for services provided under this chapter from:
(1) a person who does not reimburse the department as required by this chapter; or
(2) a third party with a legal obligation to pay other benefits and who has notice of the department's interests in the other benefits.
(b) The commissioner may request the attorney general to bring suit in the appropriate court of Travis County on behalf of the department. A suit brought under this section need not be ancillary or dependent on any other action.
(c) In a judgment in favor of the department, the court may award attorney's fees, court costs, and interest accruing from the date on which the department provides the service to the date on which the department is reimbursed.
(d) The executive commissioner by rule shall provide criteria for actions taken under this section.
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. 3.0126, eff. April 2, 2015.
Structure Texas Statutes
Chapter 36 - Special Senses and Communication Disorders
Section 36.004. Screening Program for Special Senses and Communication Disorders
Section 36.005. Compliance With Screening Requirements
Section 36.006. Records; Reports
Section 36.007. Provision of Remedial Services
Section 36.008. Individuals Eligible for Remedial Services
Section 36.010. Recovery of Costs
Section 36.011. Qualifications of Persons Providing Screening and Remedial Services