SRC-JBJ C.S.S.B. 384 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 384
By: Duncan
Jurisprudence
3/16/1999
Committee Report (Substituted)


DIGEST 

Currently, a lien can be set by a hospital against an individual's cause of
action or claim of negligence against a third party.  The lien is for the
amount of charges for services provided to the injured individual during
the first 100 days of hospitalization and  only for charges that do not
exceed a reasonable and regular rate for the services.  C.S.S.B. 384
authorizes a hospital lien to include the amount of a physician's charges
for certain services. 

PURPOSE

As proposed, C.S.S.B. 384 authorizes a hospital lien to include the amount
of a physician's charges for certain services. 

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 Section 55.004, Property Code, to authorize a lien to
include the physician charges for emergency hospital care provided to the
injured person during the first seven days of the injured's
hospitalization.  Authorizes a hospital to act on behalf of the physician
to secure and discharge the lien.  Defines "emergency care." Provides that
a lien does not cover any services for which the physician has accepted
insurance benefits or payment under any private medical indemnity plan or
program.  Makes conforming changes.  

SECTION 2.  Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.  Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 55.04, Property Code, to define "emergency care," and
establish that a lien does not cover any services for which the physician
has accepted insurance benefits or payment under any private medical
indemnity plan or program.