Texas Civil Practice and Remedies Code

§ 140.005 — PAYORS' RECOVERY LIMITED

CP § 140.005Title 6. MISCELLANEOUS PROVISIONS · Ch. 140. CONTRACTUAL SUBROGATION RIGHTS OF PAYORS OF CERTAIN BENEFITS

Statute text

(a)If an injured covered individual is entitled by law to seek a recovery from the third-party tortfeasor for benefits paid or provided by a subrogee as described by Section 140.004, then all payors are entitled to recover as provided by Subsection (b) or (c).

(b)This subsection applies when a covered individual is not represented by an attorney in obtaining a recovery. All payors' share under Subsection (a) of a covered individual's recovery is an amount that is equal to the lesser of:

(1)one-half of the covered individual's gross recovery; or

(2)the total cost of benefits paid, provided, or assumed by the payor as a direct result of the tortious conduct of the third party.

(c)This subsection applies when a covered individual is represented by an attorney in obtaining a recovery. All payors' share under Subsection (a) of a covered individual's recovery is an amount that is equal to the lesser of:

(1)one-half of the covered individual's gross recovery less attorney's fees and procurement costs as provided by Section 140.007; or

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Legislative history

Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.