By Uher H.B. No. 2345
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to liens of health care practitioners.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 5, Property Code, is amended by adding
1-5 Chapter 62 to read as follows:
1-6 CHAPTER 62. HEALTH CARE PRACTITIONER LIEN
1-7 Section 62.001. DEFINITIONS. In this chapter "health
1-8 care practitioner" means an individual who is licensed in this
1-9 state to provide health care.
1-10 Section 62.002. LIEN. A health care practitioner has
1-11 a lien on a cause of action or claim of an individual who receives
1-12 health care services rendered by the practitioner for injuries
1-13 caused by an accident that is attributed to the negligence of
1-14 another person.
1-15 Section 62.003. PROPERTY TO WHICH LIEN ATTACHES.
1-16 (a) The lien attaches to:
1-17 (1) a cause of action for damages arising from
1-18 an injury for which the injured individual receives treatment or
1-19 services from a health care practitioner;
1-20 (2) a judgment of a court in this state or the
1-21 decision of a public agency in a proceeding brought by the injured
1-22 individual or by another person entitled to bring the suit in case
1-23 of the death of the individual to recover damages arising from an
2-1 injury for which the injured individual is treated by a health care
2-2 practitioner; and
2-3 (3) the proceeds of a settlement of a cause of
2-4 action or a claim by the injured individual or another person
2-5 entitled to make the claim, arising from an injury for which the
2-6 injured individual is treated by a health care practitioner.
2-7 (b) The lien does not attach to
2-8 (1) a claim under the workers' compensation law
2-9 of this state, the Federal Employees Liability Act, or the Federal
2-10 Longshoremen's or Harbor Worker's Compensation Act; or
2-11 (2) the proceeds of an insurance policy in favor
2-12 of the injured individual or the injured individual's beneficiary
2-13 or legal representative, except public liability insurance carried
2-14 by the insured that protects the insured against loss caused by an
2-15 accident or collision.
2-16 Section 62.004. AMOUNT OF LIEN. The lien is for the amount
2-17 of the health care practitioner's charges for services provided to
2-18 the injured individual, except that the lien does not cover charges
2-19 for services that exceed a reasonable and regular rate for the
2-20 services.
2-21 Section 65.005. SECURING LIEN. (a) To secure the lien, a
2-22 health care practitioner must file written notice of the lien with
2-23 the county clerk of the county in which the injury occurred. The
2-24 notice must be filed before money is paid to an entitled health
2-25 care practitioner.
3-1 (b) The notice must contain:
3-2 (1) the injured individual's name and address;
3-3 (2) The date of the accident;
3-4 (3) the name and address of the health care
3-5 practitioner; and
3-6 (4) the name of the person alleged to be liable
3-7 for damages arising from the injury if known.
3-8 (c) The county clerk shall record the name of the
3-9 injured individual, the date of the accident, and the name and
3-10 address of the health care practitioner and shall index the record
3-11 in the name of the injured individual.
3-12 Section 62.006. DISCHARGE OF LIEN. (a) To discharge the
3-13 lien, the health care practitioner must execute and file with the
3-14 county clerk of the county in which the lien notice was filed a
3-15 certificate stating that the debt covered by the lien has been paid
3-16 or released and authorizing the clerk to discharge the lien.
3-17 (b) The county clerk shall record a memorandum of the
3-18 certificate and the date it was filed.
3-19 (c) The filing of the certificate and recording of the
3-20 memorandum discharge the lien.
3-21 Section 62.007. VALIDITY OF RELEASE. (a) A release of a
3-22 cause of action or judgment to which the lien may attach is not
3-23 valid unless:
3-24 (1) the health care practitioner's charges were
3-25 paid in full before the execution and delivery of the release;
4-1 (2) the health care practitioner's charges were
4-2 paid before the execution and delivery of the release to the extent
4-3 of any full and true consideration paid to the injured individual
4-4 by or on behalf of the other parties to the release; or
4-5 (3) the health care practitioner is a party to
4-6 the release.
4-7 (b) A judgment to which the lien has attached remains
4-8 in effect until the the health care practitioner's charges are paid
4-9 in full or to the extent set out in the judgment.
4-10 Section 62.008. HEALTH CARE PRACTITIONER RECORDS. (a) On
4-11 request by an attorney for a party by, for, or against whom a claim
4-12 is asserted for damages arising from an injury, a health care
4-13 practitioner shall as promptly as possible make available for the
4-14 attorney's examination its records concerning the services provided
4-15 to the injured individual.
4-16 (b) The health care practitioner may issue reasonable
4-17 rules for granting access to its records under this section, but
4-18 the health care practitioner may not deny access because a record
4-19 is incomplete.
4-20 (c) The records are admissible, subject to applicable
4-21 rules of evidence, in a civil suit arising from the injury.
4-22 SECTION 2. This Act takes effect September 1, 1993.
4-23 SECTION 3. The importance of this legislation and the
4-24 crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended,
5-3 and that this Act take effect and be in force from and after its
5-4 passage, and it is so enacted.