SRC-AAA C.S.S.B. 202 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 202
By: Harris
Jurisprudence
3-20-97
Committee Report (Substituted)


DIGEST 

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 healthcare services liens on
certain recoveries in civil actions and requires the healthcare 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, as
follows: 

Sec. 55.0045. PHYSICIAN"S CHARGES.  Authorizes a lien to include the
amount of a physician's charges for services provided to the injured
individual in the hospital's emergency room during the period described by
Section 55.004(a).  Authorizes a hospital to act on behalf of the
physician with respect to securing and discharging the lien, at the
request of a physician. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3.  Makes application of this Act prospective.

SECTION 4. Emergency clause. 

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Deletes previous SECTION 1. Adds new SECTION 1, Section 55.0045, Property
Code, to authorize a lien to include the amount of a   physician's charges
for services provided to the injured individual in the hospital's
emergency   room during the period described by Section 55.004(a).
Authorizes a hospital to act on behalf of the physician with respect to
securing and discharging the lien, at the request of a physician.