Bill Text: TX SB328 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to notice of a hospital lien.
Sponsorship: Bipartisan Bill
Status: (Passed) 2011-05-28 - Effective on 9/1/11 [SB328 Detail]
Download: Texas-2011-SB328-Enrolled.html
| S.B. No. 328 | ||
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| relating to notice of a hospital lien. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 55.005, Property Code, is amended by | ||
| amending Subsection (a) and adding Subsections (d) through (g) to | ||
| read as follows: | ||
| (a) To secure the lien, a hospital or emergency medical | ||
| services provider must: | ||
| (1) provide notice to the injured individual in | ||
| accordance with Subsection (d); and | ||
| (2) file written notice of the lien with the county | ||
| clerk of the county in which the services were provided[ |
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| because of the injury. | ||
| (d) Except as provided by Subsection (e), not later than the | ||
| fifth business day after the date a hospital or emergency medical | ||
| services provider receives notice from the county clerk that a | ||
| notice of lien filed under Subsection (a)(2) has been recorded in | ||
| the county records, the hospital or emergency medical services | ||
| provider must send a written notice to the injured individual or the | ||
| injured individual's legal representative, by regular mail, to the | ||
| individual's last known address, informing the individual that: | ||
| (1) the lien will attach to any cause of action or | ||
| claim the individual may have against another person for the | ||
| individual's injuries; and | ||
| (2) the lien does not attach to real property owned by | ||
| the individual. | ||
| (e) An emergency medical services provider is not required | ||
| to provide notice by mail if the emergency medical services | ||
| provider provides the notice required by Subsection (d) to the | ||
| injured individual or the injured individual's representative at | ||
| the time emergency medical services are provided and if: | ||
| (1) the required notice is included on the emergency | ||
| medical services authorization form in a paper or electronic | ||
| version in a separate paragraph that is bolded and in at least | ||
| 14-point type; and | ||
| (2) except as provided by Subsection (f), the notice | ||
| is signed by the injured individual or the injured individual's | ||
| representative. | ||
| (f) For the purposes of Subsection (e), if consent for | ||
| emergency care of an individual is not required under Section | ||
| 773.008, Health and Safety Code, notice provided on an emergency | ||
| medical services authorization form to the injured individual is | ||
| not required to be signed. | ||
| (g) The failure of an individual to receive a notice mailed | ||
| in accordance with Subsection (d) does not affect the validity of a | ||
| lien under this chapter. | ||
| SECTION 2. 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 in effect | ||
| immediately before the effective date of this Act, and that law is | ||
| continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 328 passed the Senate on | ||
| March 17, 2011, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 328 passed the House on | ||
| May 17, 2011, by the following vote: Yeas 145, Nays 1, one | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
