SRC-BWC S.B. 913 77(R)BILL ANALYSIS
Senate Research CenterS.B. 913
77R11958 AJA-DBy: Ogden
Jurisprudence
4-4-2001
Committee Report (Substituted)
DIGEST AND PURPOSE
Currently, hospitals are allowed to place a lien on a cause of action or
claim of an individual who receives emergency medical services for injuries
caused by an accident that is attributed to the negligence of another
person, but 911 emergency ambulance providers are not. Emergency Medical
Services (EMS) providers are an essential component of public safety and
the costs to counties providing EMS are increasing. C.S.S.B. 913 allows EMS
providers to place a lien against insurance policies for their services,
rather than relying on taxpayer subsidies.
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 Chapter 55, Property Code, as follows:
CHAPTER 55. New heading: HOSPITAL AND EMERGENCY MEDICAL SERVICES LIENS
Sec. 55.001. DEFINITIONS. Defines "emergency medical services" and
"emergency medical services provider."
Sec. 55.002. LIEN. Provides that an emergency medical services provider
has a lien on a cause of action or claim of an individual who receives
emergency medical services in a county with a population of 275,000 or less
for injuries caused by an accident that is attributed to the negligence of
another person. Requires the individual to receive the emergency medical
services not later than 72 hours after the accident, in order for the lien
to attach.
Sec. 55.003. PROPERTY TO WHICH LIEN ATTACHES. Provides that a lien under
this chapter attaches to a cause of action for damages arising from an
injury for which the injured individual is admitted to the hospital or
receives emergency medical services. Provides that the lien does not
attach to a claim under the Federal Longshore and, rather than
Longshoremen's or, Harbor Workers' Compensation Act. Provides that a
hospital lien described by Section 55.002 does not attach to a claim
against the owner or operator of a railroad company that maintains or whose
employees maintain a hospital in which the injured individual is receiving
hospital services. Deletes text regarding claims against the owner or
operator of a railroad company. Makes conforming changes.
Sec. 55.004. AMOUNT OF LIEN. Provides that a hospital lien described by
Section 55.002 is for the amount of the hospital's charges for services
provided to the injured individual during the first 100 days of the injured
individual's hospitalization, except that the lien does not cover certain
excessive charges. Provides that an emergency medical services lien
described by Section 55.002 is for the amount charged by the emergency
medical services provider for emergency medical services provided to the
injured individual during the 72 hours following the accident that caused
the individual's injuries, except that the lien does not cover charges for
services that exceed a reasonable and regular rate for the service. Makes
a conforming change.
Sec. 55.005. SECURING LIEN. Makes conforming changes.
Sec. 55.006. DISCHARGE OF LIEN. Makes conforming changes.
Sec. 55.007. VALIDITY OF RELEASE. Provides that a release of a cause of
action or judgment to which a lien under this chapter may attach is not
valid unless the charges of the hospital or emergency medical services
provider claiming the lien were paid in full before the execution and
delivery of the release. Makes conforming changes.
Sec. 55.008. New heading: RECORDS. Makes conforming changes.
SECTION 2. Effective date: September 1, 2001.
Makes application of this Act prospective.
SUMMARY OF COMMITTEE CHANGES
SECTION 1. Adds that a county must have a certain minimum population in
order for an emergency medical services provider to have a lien on a cause
of action or claim on an individual who was injured by the negligence of
another person. Specifies that a hospital lien does not cover certain
charges for services provided to the injured individual.
SECTION 2. No change.