By:  Harris                                            S.B. No. 202

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to hospital liens on certain recoveries in civil actions.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Chapter 55, Property Code, is amended by adding

 1-4     Section 55.0045 to read as follows:

 1-5           Sec. 55.0045.  PHYSICIAN'S CHARGES.  (a)  The lien may also

 1-6     include the amount of a physician's charges for services provided

 1-7     to the injured individual in the hospital's emergency room during

 1-8     the period described by Section 55.004(a).

 1-9           (b)  At the request of a physician, a hospital may act on

1-10     behalf of the physician with respect to securing and discharging

1-11     the lien.

1-12           SECTION 2.  This Act takes effect September 1, 1997.

1-13           SECTION 3.  The change in law made by this Act applies only

1-14     to services rendered by a physician on or after the effective date

1-15     of this Act.  Services rendered before the effective date of this

1-16     Act are governed by the law as it existed immediately before the

1-17     effective date of this Act, and that law is continued in effect for

1-18     this purpose.

1-19           SECTION 4.  The importance of this legislation and the

1-20     crowded condition of the calendars in both houses create an

1-21     emergency and an imperative public necessity that the

1-22     constitutional rule requiring bills to be read on three several

1-23     days in each house be suspended, and this rule is hereby suspended.

 2-1                          COMMITTEE AMENDMENT NO. 1

 2-2           Amend SB 202, SECTION 1, Chapter 55, Property Code, Section

 2-3     55.0045, by striking section 55.0045(a) and by substituting a new

 2-4     section 55.0045(a) to read as follows:

 2-5           Sec. 55.0045.  PHYSICIAN'S CHARGES.  (a)  The lien may also

 2-6     include the amount of a physician's charge for services, including

 2-7     surgical, medical and impatient fees provided to the injured

 2-8     individual in the hospital or the hospital emergency room.

 2-9                                                                   Janek

2-10                          COMMITTEE AMENDMENT NO. 2

2-11           Amend S.B. 202 by Harris by adding a new Section 2, amending

2-12     the current Section 3, and renumbering the subsequent sections as

2-13     follows:

2-14           SECTION 2.  Chapter 55, Property Code, Sec. 55.003 is amended

2-15     by adding Subsection (c) to read as follows:

2-16           (c)  A hospital provider may file a lien to recover the full

2-17     amount of hospital charges for services provided to a Medicaid

2-18     recipient.  On recovery from a third party, the hospital provider

2-19     shall reimburse the Medicaid program for any amount previously paid

2-20     to the hospital provider by the Medicaid.  The combined amounts

2-21     received by the hospital provider from Medicaid and the third party

2-22     may not exceed the amount charged by the hospital for the injured

2-23     recipient's first 100 days of hospitalization.

2-24           SECTION [2] 3.  This Act takes effect September 1, 1997.

2-25           SECTION [3] 4.  The change in law made by Section 1 of this

 3-1     Act applies only to services rendered by a physician after the

 3-2     effective date of this Act.  Services rendered before the effective

 3-3     date of this Act are governed by the law as it existed immediately

 3-4     before the effective date of this Act, and that law is continued in

 3-5     effect for this purpose.

 3-6           SECTION [4] 5.  The importance of this legislation and the

 3-7     crowded condition of the calendars in both houses create an

 3-8     emergency and an imperative public necessity that the

 3-9     constitutional rule requiring bills to be read on three several

3-10     days in each house be suspended, and this rule is hereby suspended.

3-11                                                                   Janek

3-12                          COMMITTEE AMENDMENT NO. 3

3-13           Amend Senate Bill 202 by adding a new Section 2 as follows

3-14     and by renumbering the subsequent sections accordingly:

3-15           SECTION 2.  Chapter 55, Property Code, is amended by adding

3-16     Section 55.0046 to read as follows:

3-17           Sec. 55.0046.  SKILLED NURSING AND HOME HEALTH SERVICES.  The

3-18     lien may include the amount of any charges for skilled nursing care

3-19     or home health care services provided to the injured individual

3-20     within the period described by Section 55.004(a) by a skilled

3-21     nursing facility or home health agency that is owned or operated by

3-22     the hospital.

3-23                                                                  Brimer