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A BILL TO BE ENTITLED
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AN ACT
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relating to claims and liens by certain health care providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 146.001(2), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(2) "Health care service provider" means a person who, |
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under a license or other grant of authority issued by this state, |
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provides health care services the costs of which may be paid for or |
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reimbursed under a health benefit plan. The term includes a |
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hospital or other organization or entity that provides health care |
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the costs of which may be paid for or reimbursed under a health |
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benefit plan. |
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SECTION 2. Section 146.003(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) Notwithstanding Chapter 55, Property Code, a [A] health |
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care service provider who violates Section 146.002 may not recover |
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from the patient directly or by way of a lien, assignment, or other |
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method from the proceeds of a patient's third-party tort judgment, |
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uninsured or underinsured motorist insurance, personal injury |
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protection insurance, or any amount that the patient would have |
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been entitled to receive as payment or reimbursement under a health |
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benefit plan or that the patient would not otherwise have been |
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obligated to pay had the provider complied with Section 146.002. A |
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lien filed under Chapter 55, Property Code, is subject to this |
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section. |
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SECTION 3. Section 55.002, Property Code, is amended by |
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adding Subsections (d) and (e) to read as follows: |
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(d) A hospital or emergency medical services provider must |
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bill the applicable health insurance, including Medicaid, |
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Medicare, a compensation to victims of crime fund or a compensation |
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to victims of crime auxiliary fund, workers' compensation, or other |
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public or private health insurance not later than the date provided |
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by the insurer or by applicable law. A hospital or emergency |
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medical services provider that violates this section or Section |
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146.002, Civil Practice and Remedies Code, may not recover from the |
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patient directly or by way of a lien, assignment, or other method |
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from the proceeds of a patient's third-party tort judgment, |
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uninsured or underinsured motorist insurance, personal injury |
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protection insurance, or any amount that the patient would have |
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been entitled to receive as payment or reimbursement under a health |
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benefit plan or that the patient would not otherwise have been |
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obligated to pay had the provider complied with this section or |
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Section 146.002, Civil Practice and Remedies Code. |
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(e) A patient's obligation to a hospital or emergency |
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medical services provider may not be assigned to an automobile |
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insurance coverage, including uninsured or underinsured motorist |
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coverage, personal injury protection coverage, or medical payments |
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coverage. A patient's obligation to a hospital or emergency |
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medical services provider may be assigned to the patient's health |
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insurance or employee welfare benefit plan. |
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SECTION 4. The change in law made by this Act applies only |
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to an action that accrues on or after the effective date of this |
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Act. An action that accrues before the effective date of this Act |
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is governed by the law as it existed immediately before that date, |
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and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |