Texas Civil Practice and Remedies Code 41.014 – Interest On Damages Subject to Medicare Subrogation
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(a) Subject to this section, postjudgment interest does not accrue on the unpaid balance of an award of damages to a plaintiff attributable to any portion of the award to which the United States has a subrogation right under 42 U.S.C. § 1395y(b)(2)(B) before the defendant receives a recovery demand letter issued by the Centers for Medicare and Medicaid Services or a designated contractor under 42 C.F.R. § 411.22.
(b) Postjudgment interest under this section does not accrue if the defendant pays the unpaid balance before the 31st day after the date the defendant receives the recovery demand letter.
Terms Used In Texas Civil Practice and Remedies Code 41.014
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(c) If the defendant appeals the award of damages, this section does not apply.
(d) This section does not prevent the accrual of postjudgment interest on any portion of an award to which the United States does not have a subrogation right under 42 U.S.C. § 1395y(b)(2)(B).