Bill Text: TX SB303 | 2011-2012 | 82nd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to health care services provided or paid by certain hospital districts.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB303 Detail]
Download: Texas-2011-SB303-Engrossed.html
Bill Title: Relating to health care services provided or paid by certain hospital districts.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB303 Detail]
Download: Texas-2011-SB303-Engrossed.html
By: Nichols | S.B. No. 303 |
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relating to health care services provided or paid by a hospital | ||
district. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 61.066, Health and Safety Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) A hospital district may recover, from the eligible | ||
resident perpetrating a fraud, an amount equal to the value of any | ||
fraudulently obtained health care services provided to the eligible | ||
resident disqualified under this section. | ||
SECTION 2. Subchapter C, Chapter 61, Health and Safety | ||
Code, is amended by adding Section 61.067 to read as follows: | ||
Sec. 61.067. LIEN BY NON-PROVIDER HOSPITAL DISTRICT. | ||
(a) This section applies to a hospital district that does not | ||
operate a hospital. | ||
(b) After the hospital district pays the providing hospital | ||
for the actual cost of the service, the district may file a lien on a | ||
tort cause of action or claim of an eligible resident who receives | ||
health care services for injuries caused by an accident that is | ||
attributed to the negligence of another person. | ||
(c) A person who applies for or receives health care | ||
services shall inform the hospital district, at the time of | ||
application or at any time during eligibility for services, of: | ||
(1) any unsettled tort claim that may affect medical | ||
needs; | ||
(2) any private accident or health insurance coverage | ||
that is or may become available; and | ||
(3) any injury that is caused by the act or failure to | ||
act of some other person. | ||
(d) An applicant or eligible resident shall inform the | ||
hospital district of information required by Subsection (c) within | ||
30 days of the date the person learns of the person's insurance | ||
coverage, tort claim, or potential cause of action. | ||
(e) A claim for damages for personal injury does not | ||
constitute grounds for denying or discontinuing services under this | ||
chapter. | ||
(f)(1) A lien under this chapter attaches to: | ||
(A) a tort cause of action for damages arising | ||
from an injury for which the injured eligible resident receives | ||
health care services; | ||
(B) a judgment of a court in this state or the | ||
decision of a public agency in a proceeding brought by the eligible | ||
resident or by another person entitled to bring the suit in case of | ||
the death of the eligible resident to recover tort damages arising | ||
from an injury for which the eligible resident receives health care | ||
services; and | ||
(C) the proceeds of a settlement of a tort cause | ||
of action or a tort claim by the eligible resident or another person | ||
entitled to make the claim, arising from an injury for which the | ||
eligible resident receives health care services. | ||
(2) If the eligible resident has health insurance, the | ||
providing hospital is obligated to timely bill the applicable | ||
health insurer in accordance with Chapter 146, Civil Practice and | ||
Remedies Code. | ||
(g) The lien does not attach to a claim under the workers' | ||
compensation law of this state, the Federal Employees Liability | ||
Act, or the Federal Longshore and Harbor Workers' Compensation Act. | ||
(h) A hospital district's lien established under Subsection | ||
(b) is for the amount actually paid by the hospital district for | ||
services provided to the eligible resident for health care services | ||
caused by an accident that is attributed to the negligence of | ||
another person. | ||
(i) To secure the lien, a hospital district must file | ||
written notice of the lien with the county clerk of the county in | ||
which the services were provided. The notice must be filed and | ||
indexed before money is paid by the third-party liability insurer. | ||
The notice must contain: | ||
(1) the injured individual's name and address; | ||
(2) the date of the accident; | ||
(3) the name and location of the hospital district | ||
claiming the lien; and | ||
(4) the name of the person alleged to be liable for | ||
damages arising from the injury, if known. | ||
(j) The county clerk shall record the name of the injured | ||
individual, the date of the accident, and the name and address of | ||
the hospital district and shall index the record in the name of the | ||
injured individual. | ||
(k) The procedures set forth in Sections 55.006 and 55.007, | ||
Property Code, for discharging and releasing the lien shall apply | ||
to liens filed under this section. | ||
(l) Procedures established by a hospital district for | ||
administrative hearings under this section shall provide for | ||
appropriate due process, including procedures for appeals. | ||
SECTION 3. This Act applies only to the filing of an | ||
application for services or receipt of services as described by | ||
Section 61.067, Health and Safety Code, as added by this Act, on or | ||
after the effective date of this Act. The filing of an application | ||
for services or receipt of services before the effective date of | ||
this Act is governed by the law in effect on the date of filing or | ||
receipt of services, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 4. This Act takes effect September 1, 2011. |