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