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.