Sec. 552.019. FILING OF CLAIMS.
(a) A county or district attorney shall, on the written request of the department, represent the state in filing a claim in probate court or a petition in a court of competent jurisdiction to require the person responsible for a patient to appear in court and show cause why the state should not have judgment against the person for the costs of the patient's support, maintenance, and treatment.
(b) On a sufficient showing, the court may enter judgment against the person responsible for the patient for the costs of the patient's support, maintenance, and treatment.
(c) Sufficient evidence to authorize the court to enter judgment is a verified account, sworn to by the superintendent of the hospital in which the patient is being treated, or has been treated, as to the amount due.
(d) The judgment may be enforced as in other cases.
(e) The county or district attorney representing the state is entitled to a commission of 10 percent of the amount collected.
(f) The attorney general shall represent the state if the county and district attorney refuse or are unable to act on the department's request.
(g) In this section, "person responsible for a patient" means the guardian of a patient, a person liable for the support of the patient, or both.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1341, eff. April 2, 2015.
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