GEC S.B. 202 75(R)BILL ANALYSIS BUSINESS & INDUSTRY S.B. 202 By: Harris (Janek) 4-23-97 Committee Report (Amended) BACKGROUND Currently, Chapter 55, Texas Property Code, induces hospitals to receive patients, injured by negligence of others, by giving the hospital a lien on the claims, suit or settlement of the patient against the negligent third party. Other health care providers are not permitted by law to place a lien on that amount, and, if they choose to provide services, must attempt separate legal action to receive their costs if the patient decides not to pay them with their settlement or award. This bill provides certain health care providers liens on recoveries in civil actions involving health care services provided due to a negligent third party. PURPOSE As proposed, C.S.S.B. 202 provides certain health care services liens on certain recoveries in civil actions and requires the health care providers to give notice of such a lien. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 55, Property Code, by adding Section 55.0045 allowing physicians charges to be included to a lien made by a hospital. SECTION 2. Amends Chapter 55, Property Code, by adding Section 55.003 (c), which allows hospitals to file liens to recover the full amount of hospital charges for services provided to a Medicaid recipient. Amends Chapter 55, Property Code, by adding Section 55.0046 which extends the lien law to allow hospitals who provide a continuum of care through skilled nursing and home health services to recover costs from beginning to end of the care. SECTION 3. Effective Date September 1, 1997. SECTION 4. Makes application of this Act prospective. SECTION 5. Emergency Clause. EXPLANATION OF AMENDMENTS Committee Amendment #1 amends SECTION 1 of the Chapter 55, Property Code, by adding Section 55.0045 allowing physicians charges to be included to a lien made by a hospital. Committee Amendment #2 adds a new SECTION 2, amends the current SECTION 3 by making the change in law contained in SECTION 1 apply only to services rendered after the effective date of this act, and renumbering the subsequent sections. The new SECTION 2 amends Chapter 55, Property Code, Section 55.003 by adding subsection (c) which allows hospitals to file liens to recover the full amount of hospital charges for services provided to a Medicaid recipient. Committee Amendment #3 amends Chapter 55, Property Code, by adding SECTION 55.0046 which extends the lien law to allow hospitals who provide a continuum of care through skilled nursing and home health services to recover costs from beginning to end of the care.