By Duncan S.B. No. 384
76R1737 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to liens for certain services provided by physicians.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 55.004, Property Code, is amended to read
1-5 as follows:
1-6 Sec. 55.004. AMOUNT OF LIEN. (a) The lien is for the
1-7 amount of the hospital's charges for services provided to the
1-8 injured individual during the first 100 days of the injured
1-9 individual's hospitalization.
1-10 (b) The lien may also include the amount of a physician's
1-11 charges for services provided to the injured individual in the
1-12 hospital's emergency room during the first 100 days of the injured
1-13 individual's hospitalization. At the request of the physician, the
1-14 hospital may act on behalf of the physician with respect to
1-15 securing and discharging the lien.
1-16 (c) The [, except that the] lien does not cover:
1-17 (1) charges for operating costs that exceed the cost
1-18 limits established under Section 405.460, 42 Code of Federal
1-19 Regulations; or
1-20 (2) charges for other services that exceed a
1-21 reasonable and regular rate for the services.
1-22 (d) [(b)] The lien is not affected by a hospital's use of a
1-23 method of classifying patients according to their ability to pay
1-24 that is solely intended to obtain a lien for services provided to
2-1 an indigent injured individual.
2-2 SECTION 2. (a) This Act takes effect September 1, 1999.
2-3 (b) The change in law made by this Act applies only to
2-4 health care services provided by a physician on or after the
2-5 effective date of this Act. Health care services provided by a
2-6 physician before the effective date of this Act are covered by the
2-7 law in effect at the time the services were provided, and the
2-8 former law is continued in effect for that purpose.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.