Bill Text: TX HB2438 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to interest on damages subject to Medicare subrogation.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-03-28 - Left pending in committee [HB2438 Detail]
Download: Texas-2011-HB2438-Introduced.html
| 82R10193 TJS-D | ||
| By: Sheets | H.B. No. 2438 | |
|
|
||
|
|
||
| relating to interest on damages subject to Medicare subrogation. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 41, Civil Practice and Remedies Code, is | ||
| amended by adding Section 41.015 to read as follows: | ||
| Sec. 41.015. INTEREST ON DAMAGES SUBJECT TO MEDICARE | ||
| SUBROGATION. Interest does not accrue on the unpaid balance of an | ||
| award of damages to a plaintiff if the United States has a | ||
| subrogation right to the award under 42 U.S.C. Section | ||
| 1395y(b)(2)(B) until the defendant receives a recovery demand | ||
| letter issued by Centers for Medicare and Medicaid Services or a | ||
| designated contractor under 42 C.F.R. Section 411.22. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to an award of damages made on or after the effective date of this | ||
| Act. An award of damages made before the effective date of this Act | ||
| is governed by the law in effect immediately before that date, and | ||
| that law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
