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A BILL TO BE ENTITLED
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AN ACT
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relating to the attachment of a hospital lien on a cause of action |
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or claim of an injured person who receives hospital services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 55.001(3), Property Code, is amended to |
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read as follows: |
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(3) "Hospital" has the meaning assigned by Section |
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241.003, Health and Safety Code [means a person or institution
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maintaining a facility that provides hospital services in this
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state]. |
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SECTION 2. Sections 55.002(a) and (b), Property Code, are |
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amended to read as follows: |
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(a) A hospital has a lien on a cause of action or claim of an |
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individual who receives hospital services for injuries caused by an |
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accident that is attributed to the negligence of another person. |
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For the lien to attach, the individual must receive services from |
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[be admitted to] a hospital not later than 72 hours after the |
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accident. |
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(b) The lien extends to both the [admitting] hospital from |
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which an individual initially receives services and a hospital to |
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which the individual is transferred for treatment of the same |
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injury. |
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SECTION 3. Section 55.003(a), Property Code, is amended to |
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read as follows: |
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(a) A lien under this chapter attaches to: |
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(1) a cause of action for damages arising from an |
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injury for which the injured individual receives services from [is
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admitted to] the hospital or receives emergency medical services; |
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(2) a judgment of a court in this state or the decision |
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of a public agency in a proceeding brought by the injured individual |
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or by another person entitled to bring the suit in case of the death |
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of the individual to recover damages arising from an injury for |
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which the injured individual receives services from [is admitted
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to] the hospital or receives emergency medical services; and |
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(3) the proceeds of a settlement of a cause of action |
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or a claim by the injured individual or another person entitled to |
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make the claim, arising from an injury for which the injured |
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individual receives services from [is admitted to] the hospital or |
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receives emergency medical services. |
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SECTION 4. Sections 55.004(b) and (c), Property Code, are |
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amended to read as follows: |
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(b) A hospital lien described by Section 55.002(a) is for |
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the amount of the hospital's charges for services provided to the |
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injured individual during the first 100 days that [of] the injured |
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individual receives services from the hospital [individual's
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hospitalization]. |
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(c) A hospital lien described by Section 55.002(a) may also |
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include the amount of a physician's reasonable and necessary |
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charges for emergency hospital care services provided to the |
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injured individual during the first seven days that [of] the |
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injured individual receives services from the hospital |
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[individual's hospitalization]. At the request of the physician, |
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the hospital may act on the physician's behalf in securing and |
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discharging the lien. |
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SECTION 5. 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 as it existed |
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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 6. This Act takes effect September 1, 2017. |