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  82R4591 PMO-D
 
  By: Deuell S.B. No. 1853
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to hospital and emergency medical services lien notice
  requirements.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 55.001, Property Code, is amended by
  adding Subdivision (5) to read as follows:
               (5)  "Third-party payor" means an entity that provides
  an insurance, medical service, or health plan by contract or
  agreement, including an automobile liability insurance or no-fault
  insurance carrier, and any other plan or program that provides
  compensation or coverage for expenses incurred by an individual for
  hospital or emergency medical services for which a lien may attach
  under this chapter.
         SECTION 2.  Chapter 55, Property Code, is amended by adding
  Section 55.0055 to read as follows:
         Sec. 55.0055.  NOTICE TO THIRD-PARTY PAYORS REQUIRED. (a)
  Not later than the third business day after the date a hospital or
  emergency medical services provider files a written notice of the
  lien under Section 55.005, the hospital or emergency medical
  services provider shall send a copy of the notice by prepaid United
  States mail to each third-party payor of which the hospital or
  emergency medical services provider has actual knowledge.
         (b)  If a hospital or medical services provider fails to send
  a copy of the notice of the lien as required by Subsection (a), the
  notice of the lien filed under Section 55.005 is void.
         SECTION 3.  The change in law made by this Act applies only
  to a notice of a lien filed on or after the effective date of this
  Act. A notice of a lien filed before the effective date of this Act
  is covered by the law in effect when the notice of the lien was
  filed, and the former law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2011.