1-1 By: Duncan S.B. No. 583
1-2 (In the Senate - Filed February 7, 2001; February 8, 2001,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; February 26, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-6 February 26, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 583 By: Nelson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to liens for certain services provided by physicians.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 55.004, Property Code, is amended to read
1-13 as follows:
1-14 Sec. 55.004. AMOUNT OF LIEN. (a) In this section,
1-15 "emergency hospital care" means health care services provided in a
1-16 hospital to evaluate, stabilize, and treat a serious medical
1-17 problem of recent onset or severity, including severe pain that
1-18 would lead a prudent layperson possessing an average knowledge of
1-19 medicine and health to believe that the condition, illness, or
1-20 injury is of such a nature that failure to obtain immediate medical
1-21 care would in all reasonable probability:
1-22 (1) seriously jeopardize the patient's health;
1-23 (2) seriously impair one or more bodily functions;
1-24 (3) seriously harm an organ or other part of the body;
1-25 (4) cause serious disfigurement; or
1-26 (5) in the case of a pregnant woman, seriously
1-27 jeopardize the health of the fetus.
1-28 (b) The lien is for the amount of the hospital's charges for
1-29 services provided to the injured individual during the first 100
1-30 days of the injured individual's hospitalization.
1-31 (c) The lien may also include the amount of a physician's
1-32 reasonable and necessary charges for emergency hospital care
1-33 services provided to the injured individual during the first seven
1-34 days of the injured individual's hospitalization. At the request
1-35 of the physician, the hospital may act on the physician's behalf in
1-36 securing and discharging the lien.
1-37 (d) The[, except that the] lien does not cover:
1-38 (1) charges for operating costs that exceed the cost
1-39 limits established under Section 413.30 [405.460], 42 Code of
1-40 Federal Regulations; [or]
1-41 (2) charges for other services that exceed a
1-42 reasonable and regular rate for the services;
1-43 (3) charges by the physician related to any services
1-44 provided under Subsection (c) for which the physician has accepted
1-45 insurance benefits or payment under a private medical indemnity
1-46 plan or program, regardless of whether the benefits or payment
1-47 equals the full amount of the physician's charges for those
1-48 services; or
1-49 (4) charges by the physician for services provided
1-50 under Subsection (c) if the injured individual has coverage under a
1-51 private medical indemnity plan or program from which the physician
1-52 is entitled to recover payment for the physician's services under
1-53 an assignment of benefits or similar rights.
1-54 (e) [(b)] The lien is not affected by a hospital's use of a
1-55 method of classifying patients according to their ability to pay
1-56 that is solely intended to obtain a lien for services provided to
1-57 an indigent injured individual.
1-58 SECTION 2. (a) This Act takes effect September 1, 2001.
1-59 (b) The change in law made by this Act applies only to
1-60 health care services provided by a physician on or after the
1-61 effective date of this Act. Health care services provided by a
1-62 physician before the effective date of this Act are covered by the
1-63 law in effect at the time the services were provided, and the
1-64 former law is continued in effect for that purpose.
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