SRC-JEC C.S.S.B. 583 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 583
77R8021 CAS-DBy: Duncan
Health & Human Services
2/23/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, a hospital can hold a lien for services provided during a
patient's first 100 days of treatment. An emergency room physician often
does not get compensated.  The collection rate for trauma treatment is low.
As proposed, C.S.S.B. 583 provides for the lien to include the emergency
room physician's compensation. 

RULEMAKING AUTHORITY

This bill does not expressly 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 define "emergency
hospital care." Authorizes the lien to also include the amount of a
physician's reasonable and necessary charges for emergency hospital care
services provided to the injured individual during the first seven days of
the injured individual's hospitalization.  Authorizes the hospital, at the
request of the physician, to act on the physician's behalf in securing and
discharging the lien.  Provides that the lien does not cover charges for
operating costs that exceed the cost limits established under Section
413.30, rather than Section 405.460, 42 Code of Federal Regulations;
charges by the physician related to any services for which the physician
has accepted benefits or payment under a private medical plan, regardless
of whether it equaled the full amount of the charges; or charges by the
physician if the injured individual has medical coverage from which the
physician is entitled to recover payment. 

SECTION 2.   Effective date: September 1, 2001.
  Makes application of this Act prospective.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from original by adding to the definition of "emergency
hospital care"; clarifying the subsection regarding a physician's
reimbursement by a private medical plan; and adding the stipulation that a
physician's entitlement to compensation by a private medical plan makes the
physician's charges ineligible to be covered by the lien.