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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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(f), (g), and (h) 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), (e), or (f); 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 affirmation by an agent of the hospital or |
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emergency medical services provider that the notice to the injured |
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individual was given in accordance with Subsection (d). |
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(d) Except as provided by Subsection (e) or (f), on or |
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before the date a hospital or emergency medical services provider |
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files a notice with the county clerk under Subsection (a)(2), the |
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hospital or emergency medical services provider must send a written |
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notice to the injured individual by certified mail, return receipt |
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requested, to the individual's last known address 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; |
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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; and |
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(3) a hospital lien attaches to the proceeds of a cause |
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of action or settlement the injured individual receives but does |
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not attach to real property owned by the individual. |
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(e) A hospital is not required to provide notice by mail if |
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the hospital provides the notice required by Subsection (d) to the |
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injured individual at the time of the individual's admission to the |
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hospital and 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; 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) 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 (g), 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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(g) For the purposes of Subsection (f), 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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(h) 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. |