Sec. 41.014. INTEREST ON DAMAGES SUBJECT TO MEDICARE SUBROGATION. (a) Subject to this section, postjudgment interest does not accrue on the unpaid balance of an award of damages to a plaintiff attributable to any portion of the award to which the United States has a subrogation right under 42 U.S.C. Section 1395y(b)(2)(B) before the defendant receives a recovery demand letter issued by the Centers for Medicare and Medicaid Services or a designated contractor under 42 C.F.R. Section 411.22.
(b) Postjudgment interest under this section does not accrue if the defendant pays the unpaid balance before the 31st day after the date the defendant receives the recovery demand letter.
(c) If the defendant appeals the award of damages, this section does not apply.
(d) This section does not prevent the accrual of postjudgment interest on any portion of an award to which the United States does not have a subrogation right under 42 U.S.C. Section 1395y(b)(2)(B).
Added by Acts 2013, 83rd Leg., R.S., Ch. 870 (H.B. 658), Sec. 1, eff. September 1, 2013.
Structure Texas Statutes
Civil Practice and Remedies Code
Title 2 - Trial, Judgment, and Appeal
Section 41.003. Standards for Recovery of Exemplary Damages
Section 41.004. Factors Precluding Recovery
Section 41.005. Harm Resulting From Criminal Act
Section 41.006. Award Specific to Defendant
Section 41.007. Prejudgment Interest
Section 41.008. Limitation on Amount of Recovery
Section 41.009. Bifurcated Trial
Section 41.010. Considerations in Making Award
Section 41.0105. Evidence Relating to Amount of Economic Damages
Section 41.011. Evidence Relating to Amount of Exemplary Damages
Section 41.0115. Discovery of Evidence of Net Worth for Exemplary Damages Claim
Section 41.012. Jury Instructions
Section 41.013. Judicial Review of Award
Section 41.014. Interest on Damages Subject to Medicare Subrogation