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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 Subsections (d), (e), |
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and (f) to read 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) or (e); 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 last known |
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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) Except as provided by Subsection (e), not later than the |
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10th day before the date a hospital or emergency medical services |
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provider files a notice with the county clerk under Subsection |
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(a)(2), the hospital or emergency medical services provider must |
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send a written notice to the injured individual by certified mail, |
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return receipt requested, to the individual's last known address |
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that states that: |
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(1) a hospital lien may attach to any cause of action |
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or claim the individual may have against another person for the |
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individual's injuries for any unpaid charges for hospital services |
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or emergency medical services provided in connection with the |
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injuries and specifies to whom the charges may be owed; and |
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(2) the hospital or emergency medical services |
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provider may file a notice of a hospital lien with the county clerk |
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of the county in which the services were provided, in accordance |
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with Chapter 55, Property Code. |
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(e) A hospital or emergency medical services provider is not |
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required to provide notice by mail if the hospital or emergency |
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medical services provider provides the notice required by |
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Subsection (d) to the injured individual at the time of the |
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individual's admission to the hospital or at the time emergency |
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medical services are provided if: |
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(1) the notice is provided in a written document |
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separate from any other documents signed by or provided to the |
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individual at the time of the individual's admission to the |
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hospital or at the time the emergency medical services are |
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provided; and |
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(2) the notice is signed by the injured individual or |
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the injured individual's representative. |
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(f) The failure of an individual to receive a notice mailed |
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in accordance with Subsection (d) does not affect the validity of a |
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lien under this chapter. |
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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. |
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