Bill Text: TX SB328 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to notice of a hospital lien.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-28 - Effective on 9/1/11 [SB328 Detail]
Download: Texas-2011-SB328-Introduced.html
Bill Title: Relating to notice of a hospital lien.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-28 - Effective on 9/1/11 [SB328 Detail]
Download: Texas-2011-SB328-Introduced.html
82R4119 AJA-D | ||
By: Carona | 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 Subsections (a) and (b) and adding Subsections (d), (e), | ||
(f), (g), and (h) 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), (e), or (f); 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. | ||
(b) The notice filed under Subsection (a)(2) must contain: | ||
(1) the injured individual's name and last known | ||
address; | ||
(2) the date of the accident; | ||
(3) the name and location of the hospital or emergency | ||
medical services provider claiming the lien; [ |
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(4) the name of the person alleged to be liable for | ||
damages arising from the injury, if known; and | ||
(5) an affirmation by an agent of the hospital or | ||
emergency medical services provider that the notice to the injured | ||
individual was given in accordance with Subsection (d). | ||
(d) Except as provided by Subsection (e) or (f), on or | ||
before the date a hospital or emergency medical services provider | ||
files a notice with the county clerk under Subsection (a)(2), the | ||
hospital or emergency medical services provider must send a written | ||
notice to the injured individual by certified mail, return receipt | ||
requested, to the individual's last known address that states that: | ||
(1) a hospital lien may attach to any cause of action | ||
or claim the individual may have against another person for the | ||
individual's injuries for any unpaid charges for hospital services | ||
or emergency medical services provided in connection with the | ||
injuries and specifies to whom the charges may be owed; | ||
(2) the hospital or emergency medical services | ||
provider may file a notice of a hospital lien with the county clerk | ||
of the county in which the services were provided, in accordance | ||
with Chapter 55, Property Code; and | ||
(3) a hospital lien attaches to the proceeds of a cause | ||
of action or settlement the injured individual receives but does | ||
not attach to real property owned by the individual. | ||
(e) A hospital is not required to provide notice by mail if | ||
the hospital provides the notice required by Subsection (d) to the | ||
injured individual at the time of the individual's admission to the | ||
hospital and if: | ||
(1) the notice is provided in a written document | ||
separate from any other documents signed by or provided to the | ||
individual at the time of the individual's admission to the | ||
hospital; and | ||
(2) the notice is signed by the injured individual or | ||
the injured individual's representative. | ||
(f) 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 (g), the notice | ||
is signed by the injured individual or the injured individual's | ||
representative. | ||
(g) For the purposes of Subsection (f), 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. | ||
(h) 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. |