By Alvarado H.B. No. 2420
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 a
1-5 new Chapter 62 to read as follows:
1-6 CHAPTER 62. HEALTH CARE PRACTITIONER LIEN
1-7 Sec. 62.001. DEFINITIONS. In this chapter "health care
1-8 practitioner" means an individual who is licensed in this state to
1-9 provide health care.
1-10 Sec. 62.002. LIEN. A health care practitioner has a lien on
1-11 a cause of action or claim of an individual who receives health
1-12 care services rendered by the practitioner for injuries caused by
1-13 an accident that is attributed to the negligence of another person.
1-14 Sec. 62.003. PROPERTY TO WHICH LIEN ATTACHES. (a) The lien
1-15 attaches to:
1-16 (1) a cause of action for damages arising from an
1-17 injury for which the injured individual receives treatment or
1-18 services from a health care practitioner;
1-19 (2) a judgment of a court in this state or the
1-20 decision of a public agency in a proceeding brought by the injured
1-21 individual or by another person entitled to bring the suit in case
1-22 of the death of the individual to recover damages arising from an
1-23 injury for which the injured individual is treated by a health care
2-1 practitioner; and
2-2 (3) the proceeds of a settlement of a cause of action
2-3 or a claim by the injured individual or another person entitled to
2-4 make the claim, arising from an injury for which the injured
2-5 individual is treated by a health care practitioner.
2-6 (b) The lien does not attach to
2-7 (1) a claim under the workers' compensation law of
2-8 this state, the Federal Employees Liability Act, or the Federal
2-9 Longshoremen's or Harbor Worker's Compensation Act; or
2-10 (2) the proceeds of an insurance policy in favor of
2-11 the injured individual or the injured individual's beneficiary or
2-12 legal representative, except public liability insurance carried by
2-13 the insured that protects the insured against loss caused by an
2-14 accident or collision.
2-15 Sec. 62.004. AMOUNT OF LIEN. The lien is for the amount of
2-16 the health care practitioner's charges for services provided to the
2-17 injured individual, except that the lien does not cover charges for
2-18 services that exceed a reasonable and regular rate for the
2-19 services.
2-20 Sec. 62.005. SECURING LIEN. (a) To secure the lien, a
2-21 health care practitioner must file written notice of the lien with
2-22 the county clerk of the county in which the injury occurred and
2-23 with the insurer which may have liability arising out of an
2-24 accident defined in Section 62.002 hereof. The notice must be
2-25 filed before money is paid to an entitled health 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 for
3-7 damages arising from the injury if known.
3-8 (c) The county clerk shall record the name of the injured
3-9 individual, the date of the accident, and the name and address of
3-10 the health care practitioner and shall index the record in the name
3-11 of the injured individual.
3-12 (d) The notice to the insurer shall be in the same form as
3-13 required in subsection (b) of this section and sent registered or
3-14 certified mail, return receipt requested.
3-15 Sec. 62.006. DISCHARGE OF LIEN. (a) To discharge the lien,
3-16 the health care practitioner must execute and file with the county
3-17 clerk of the county in which the lien notice was filed a
3-18 certificate stating that the debt covered by the lien has been paid
3-19 or released and authorizing the clerk to discharge the lien.
3-20 (b) The county clerk shall record a memorandum of the
3-21 certificate and the date it was filed.
3-22 (c) The filing of the certificate and recording of the
3-23 memorandum discharge the lien.
3-24 Sec. 62.007. VALIDITY OF RELEASE. (a) A release of a cause
3-25 of action or judgment to which the lien may attach is not valid
4-1 unless:
4-2 (1) the health care practitioner's charges were paid
4-3 in full before the execution and delivery of the release;
4-4 (2) the health care practitioner's charges were paid
4-5 before the execution and delivery of the release to the extent of
4-6 any full and true consideration paid to the injured individual by
4-7 or on behalf of the other parties to the release; or
4-8 (3) the health care practitioner is a party to the
4-9 release.
4-10 (b) A judgment to which the lien has attached remains in
4-11 effect until the health care practitioner's charges are paid in
4-12 full or to the extent set out in the judgment.
4-13 Sec. 62.008. HEALTH CARE PRACTITIONER RECORDS. (a) On
4-14 request by an attorney for a party by, for, or against whom a claim
4-15 is asserted for damages arising from an injury, a health care
4-16 practitioner shall as promptly as possible make available for the
4-17 attorney's examination its records concerning the services provided
4-18 to the injured individual.
4-19 (b) The health care practitioner may issue reasonable rules
4-20 for granting access to its records under this section, but the
4-21 health care practitioner may not deny access because a record is
4-22 incomplete.
4-23 (c) The records are admissible, subject to applicable rules
4-24 of evidence, in a civil suit arising from the injury.
4-25 SECTION 2. This Act takes effect September 1, 1995.
5-1 SECTION 3. The importance of this legislation and the
5-2 crowded condition of the calendars in both houses create an
5-3 emergency and an imperative public necessity that the
5-4 constitutional rule requiring bills to be read on three several
5-5 days in each house be suspended, and this rule is hereby suspended,
5-6 and that this Act take effect and be in force from and after its
5-7 passage, and it is so enacted.