SRC-MKV S.B. 1031 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1031
77R5849 CAS-FBy: Lindsay
Health & Human Services
3/13/2001
As Filed


DIGEST AND PURPOSE 

The current hospital lien statute was enacted to induce hospitals to
receive patients injured by the negligence of others by giving a hospital
lien on the claims, suit, or settlement of the patient against the
negligent party.  As proposed, S.B. 1031 clarifies that a hospital lien
attaches not only when an individual is admitted to a hospital, but it also
attaches in cases where the individual receives emergency room care but is
not actually admitted to the hospital.  The bill also allows a hospital to
seek payment for any charges left unpaid under any judgment. 

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 55.002, Property Code, to add language to
require an individual to receive emergency treatment or be admitted to a
hospital not later than 72 hours after the accident for a hospital lien on
a patient's cause of action to attach. Makes a conforming change. 

SECTION 2.  Amends Section 55.007(b), Property Code, to add language to
authorize a hospital to collect any outstanding amount owed in the same
manner as the hospital is authorized to collect any other debt owed to the
hospital that is not secured by a lien, if the hospital's charges are not
paid in full. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 2001.