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.