Tex. Codes » Human Resources Code · TITLE 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL · SUBTITLE C. ASSISTANCE PROGRAMS · CHAPTER 32. MEDICAL ASSISTANCE PROGRAM
Texas Codes

Tex. Hum. Res. Code § 32.038 (2026)

Collection Of Insurance Payments

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Sec. 32.038. COLLECTION OF INSURANCE PAYMENTS. (a) The commission may receive directly from an insurance company any payments to which the commission is entitled under Section 1204.153, Insurance Code.

(b) The executive commissioner shall adopt rules to implement this section, including rules establishing procedures relating to:

(1) notification to the commission that a child receiving benefits under Chapter 31 or this chapter is covered by an insurance policy under which the commission is eligible to receive direct payments;

(2) claims made by the commission to receive payments under Subsection (a);

(3) notification to the commission of any change in the status of the child or the parent; and

(4) notification to the insurance company that the commission is to receive payments under Subsection (a).

(c) Commission rules relating to the notice prescribed by Subsection (b)(4) must require the notice to be attached to the claim for insurance benefits when the claim is first submitted to the insurance company.

Added by Acts 1987, 70th Leg., ch. 1052, Sec. 2.03, eff. Sept. 1, 1987.

Amended by:

Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.128, eff. September 1, 2005.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.112, eff. April 2, 2015.

Notes of Decisions
Cited in 2 cases, 2013–2013 · leading case: Sw. Pharmacy Solutions, Inc. v. Texas Health & Human Servs. Comm'n, 408 S.W.3d 549 (Tex. App.—Austin 2013).
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Sw. Pharmacy Solutions, Inc. v. Texas Health & Human Servs. Comm'n, 408 S.W.3d 549 (Tex. App.—Austin 2013). “See Tex. Hum. Res.Code § 32.038(a). While “medical assistance” is defined as “all of the health care and related services and benefits authorized or provided under federal law for needy individuals of this state,” see id.”
Sw. Pharmacy Solutions, Inc. v. Texas Health & Human Servs. Comm'n & Thomas Suehs, Solely, No. 03-12-00293-CV (Tex. App.—Austin July 12, 2013). “See Tex. Hum. Res. Code § 32.038(a). While “medical assistance” is defined as “all of the health care and related services and benefits authorized or provided under federal law for needy individuals of this state,” see id.”
Tex. Hum. Res. Code § 32.038(a): 2 cases
Sw. Pharmacy Solutions, Inc. v. Texas Health & Human Servs. Comm'n, 408 S.W.3d 549 (Tex. App.—Austin 2013). “See Tex. Hum. Res.Code § 32.038(a). While “medical assistance” is defined as “all of the health care and related services and benefits authorized or provided under federal law for needy individuals of this state,” see id.”
Sw. Pharmacy Solutions, Inc. v. Texas Health & Human Servs. Comm'n & Thomas Suehs, Solely, No. 03-12-00293-CV (Tex. App.—Austin July 12, 2013). “See Tex. Hum. Res. Code § 32.038(a). While “medical assistance” is defined as “all of the health care and related services and benefits authorized or provided under federal law for needy individuals of this state,” see id.”
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