- (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.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1341, eff. April 2, 2015.