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A BILL TO BE ENTITLED
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AN ACT
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relating to notice of a hospital lien. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 55.005, Property Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (d) to read |
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as follows: |
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(a) To secure the lien, a hospital or emergency medical |
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services provider must: |
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(1) provide notice to the injured individual in |
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accordance with Subsection (d); and |
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(2) file written notice of the lien with the county |
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clerk of the county in which the services were provided[. The
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notice must be filed] before money is paid to an entitled person |
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because of the injury. |
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(b) The notice filed under Subsection (a)(2) must contain: |
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(1) the injured individual's name and address; |
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(2) the date of the accident; |
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(3) the name and location of the hospital or emergency |
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medical services provider claiming the lien; [and] |
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(4) the name of the person alleged to be liable for |
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damages arising from the injury, if known; and |
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(5) an affidavit by an agent of the hospital or |
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emergency medical services provider that affirms that the notice to |
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the injured individual was given in accordance with Subsection (d). |
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(d) Not later than the 10th day before the date a hospital or |
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emergency medical services provider files a notice with the county |
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clerk under Subsection (a)(2), the hospital or emergency medical |
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services provider must send a written notice to the injured |
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individual by certified mail, return receipt requested, that: |
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(1) specifies the amount of the unpaid charges that |
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are the basis for a lien under this chapter and to whom the charges |
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are owed; and |
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(2) states that the hospital or emergency medical |
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services provider will file a notice of a hospital lien with the |
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county clerk of the county in which the services were provided, in |
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accordance with Chapter 55, Property Code, if the injured |
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individual does not pay the charges before the 10th day after the |
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date the notice is sent. |
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SECTION 2. The change in law made by this Act applies only |
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to a lien for services provided to an injured individual on or after |
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the effective date of this Act. A lien for services provided before |
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the effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |