Bill Text: TX SB2066 | 2017-2018 | 85th Legislature | Engrossed


Bill Title: Relating to the attachment of a hospital lien on a cause of action or claim of an injured person who receives hospital services.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2017-05-16 - Left pending in committee [SB2066 Detail]

Download: Texas-2017-SB2066-Engrossed.html
 
 
  By: Hancock S.B. No. 2066
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the attachment of a hospital lien on a cause of action
  or claim of an injured person who receives hospital services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 55.001(3), Property Code, is amended to
  read as follows:
               (3)  "Hospital" has the meaning assigned by Section
  241.003, Health and Safety Code [means a person or institution
  maintaining a facility that provides hospital services in this
  state].
         SECTION 2.  Sections 55.002(a) and (b), Property Code, are
  amended to read as follows:
         (a)  A hospital has a lien on a cause of action or claim of an
  individual who receives hospital services for injuries caused by an
  accident that is attributed to the negligence of another person.
  For the lien to attach, the individual must receive services from
  [be admitted to] a hospital not later than 72 hours after the
  accident.
         (b)  The lien extends to both the [admitting] hospital from
  which an individual initially receives services and a hospital to
  which the individual is transferred for treatment of the same
  injury.
         SECTION 3.  Section 55.003(a), Property Code, is amended to
  read as follows:
         (a)  A lien under this chapter attaches to:
               (1)  a cause of action for damages arising from an
  injury for which the injured individual receives services from [is
  admitted to] the hospital or receives emergency medical services;
               (2)  a judgment of a court in this state or the decision
  of a public agency in a proceeding brought by the injured individual
  or by another person entitled to bring the suit in case of the death
  of the individual to recover damages arising from an injury for
  which the injured individual receives services from [is admitted
  to] the hospital or receives emergency medical services; and
               (3)  the proceeds of a settlement of a cause of action
  or a claim by the injured individual or another person entitled to
  make the claim, arising from an injury for which the injured
  individual receives services from [is admitted to] the hospital or
  receives emergency medical services.
         SECTION 4.  Sections 55.004(b) and (c), Property Code, are
  amended to read as follows:
         (b)  A hospital lien described by Section 55.002(a) is for
  the amount of the hospital's charges for services provided to the
  injured individual during the first 100 days that [of] the injured
  individual receives services from the hospital [individual's
  hospitalization].
         (c)  A hospital lien described by Section 55.002(a) may also
  include the amount of a physician's reasonable and necessary
  charges for emergency hospital care services provided to the
  injured individual during the first seven days that [of] the
  injured individual receives services from the hospital
  [individual's hospitalization]. At the request of the physician,
  the hospital may act on the physician's behalf in securing and
  discharging the lien.
         SECTION 5.  The change in law made by this Act applies only
  to a lien for services provided to an injured individual on or after
  the effective date of this Act. A lien for services provided before
  the effective date of this Act is governed by the law as it existed
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2017.
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