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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount of a hospital or physician lien on certain |
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causes of action or claims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 55.004(b), Property Code, is amended to |
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read as follows: |
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(b) A hospital lien described by Section 55.002(a) is for |
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the lesser of: |
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(1) the amount of the hospital's charges for services |
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provided to the injured individual during the first 100 days of the |
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injured individual's hospitalization less the pro rata share of |
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attorney's fees and expenses the injured individual incurred in |
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pursuing the claim; [or] |
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(2) 50 percent of all amounts recovered by the injured |
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individual through a cause of action, judgment, or settlement |
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described by Section 55.003(a) less the pro rata share of |
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attorney's fees and expenses the injured individual incurred in |
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pursuing the claim; or |
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(3) the amount awarded by the trier of fact for the |
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services provided to the injured individual by the hospital less |
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the pro rata share of attorney's fees and expenses the injured |
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individual incurred in pursuing the claim. |
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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 immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |