HEALTH & SAFETY CODE
CHAPTER 41. HEMOPHILIA
§ 41.001. DEFINITIONS. In this chapter:
(1) "Hemophilia" means a human physical condition
characterized by bleeding resulting from a genetically determined
deficiency of a blood coagulation factor or hereditarily resulting
in an abnormal or deficient plasma procoagulant.
(2) "Other benefit" means a benefit, other than a
benefit under this chapter, to which a person is entitled for
payment of the costs of blood, blood derivatives and concentrates,
and other substances provided under this chapter, including
benefits available from:
(A) an insurance policy, group health plan, or
prepaid medical or dental care plan;
(B) Title XVIII or Title XIX of the Social
Security Act (42 U.S.C. § 1395 et seq. or 42 U.S.C. § 1396 et
seq.);
(C) the Veterans Administration;
(D) the Civilian Health and Medical Program of
the Uniformed Services;
(E) workers' compensation or any compulsory
employers' insurance program;
(F) a public program created by federal law,
state law, or the ordinances or rules of a municipality or political
subdivision of the state, excluding benefits created by the
establishment of a municipal or county hospital, a joint
municipal-county hospital, a county hospital authority, a hospital
district, or the facilities of a publicly supported medical school;
or
(G) a cause of action for medical or dental
expenses to a person applying for or receiving services from the
department, or a settlement or judgment based on the cause of
action, if the expenses are related to the need for services
provided under this chapter.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 41.002. HEMOPHILIA ASSISTANCE PROGRAM. (a) The
hemophilia assistance program is in the department to assist
persons who have hemophilia and who require continuing treatment
with blood, blood derivatives, or manufactured pharmaceutical
products, but who are unable to pay the entire cost of the
treatment.
(b) The department shall establish standards of eligibility
for assistance under this chapter in accordance with Section
41.004.
(c) The department shall provide, through approved
providers, financial assistance for medically eligible persons in
obtaining blood, blood derivatives and concentrates, and other
substances for use in medical or dental facilities or in the home.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 41.003. ADMINISTRATION. (a) The commissioner may
employ or appoint an administrator who shall carry out the
hemophilia assistance program and report to the commissioner.
(b) The administrator may employ two persons to help carry
out the program.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 41.004. FINANCIAL ELIGIBILITY. (a) A person is not
eligible to receive services provided by this chapter:
(1) to the extent that another person with a legal
obligation to provide for the person's care and treatment is
financially able to pay for all or part of the services provided by
this chapter; or
(2) to the extent that the person or a person with a
legal obligation to support the person is eligible for some other
benefit that would pay for all or part of the services provided by
this chapter.
(b) When the application is made under this chapter or when
the services are received, the person applying for or receiving
services shall inform the department of any other benefit to which
the person or any other person with a legal obligation to support
the person may be entitled.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 41.005. REIMBURSEMENT. (a) The department shall
require a person receiving services under this chapter who is
financially able to bear part of the expense, or a person who has a
legal obligation to provide for the person's care and treatment and
who is financially able to bear part of the expense, to pay for or
reimburse the department for that part of the cost of the services
provided to the person by the department.
(b) A person who has received services that are covered by
some other benefit, or any other person with a legal obligation to
support that person, shall reimburse the department to the extent
of the services provided when the other benefit is received.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 41.006. RECOVERY OF COSTS. (a) The department may
recover the cost of services provided under this chapter from a
person who does not reimburse the department as required by Section
41.005 or from any third party who has a legal obligation to pay
other benefits and to whom notice of the department's interest has
been given.
(b) At the request of the commissioner, the attorney general
may bring suit in the appropriate court of Travis County on behalf
of the department.
(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.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 41.007. FUNDING. (a) The department may accept
gifts and grants from individuals, private or public organizations,
or federal or local funds to support the hemophilia assistance
program.
(b) The department shall investigate any potential sources
of funding from federal grants or programs.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
