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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 Subsection (a) and adding Subsections (d) through (g) to |
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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); 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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(d) Except as provided by Subsection (e), not later than the |
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fifth business day after the date a hospital or emergency medical |
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services provider receives notice from the county clerk that a |
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notice of lien filed under Subsection (a)(2) has been recorded in |
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the county records, the hospital or emergency medical services |
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provider must send a written notice to the injured individual or the |
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injured individual's legal representative, by regular mail, to the |
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individual's last known address, informing the individual that: |
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(1) the lien will attach to any cause of action or |
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claim the individual may have against another person for the |
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individual's injuries; and |
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(2) the lien does not attach to real property owned by |
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the individual. |
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(e) An emergency medical services provider is not required |
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to provide notice by mail if the emergency medical services |
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provider provides the notice required by Subsection (d) to the |
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injured individual or the injured individual's representative at |
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the time emergency medical services are provided and if: |
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(1) the required notice is included on the emergency |
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medical services authorization form in a paper or electronic |
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version in a separate paragraph that is bolded and in at least |
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14-point type; and |
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(2) except as provided by Subsection (f), the notice |
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is signed by the injured individual or the injured individual's |
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representative. |
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(f) For the purposes of Subsection (e), if consent for |
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emergency care of an individual is not required under Section |
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773.008, Health and Safety Code, notice provided on an emergency |
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medical services authorization form to the injured individual is |
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not required to be signed. |
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(g) 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, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 328 passed the Senate on |
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March 17, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 328 passed the House on |
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May 17, 2011, by the following vote: Yeas 145, Nays 1, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |