Texas 2009 - 81st Regular

Texas House Bill HB4251 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R13377 TJS-F
2	2	By: Farrar H.B. No. 4251
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to claims and liens by certain health care providers.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 146.001(2), Civil Practice and Remedies
10	10	Code, is amended to read as follows:
11	11	(2) "Health care service provider" means a person who,
12	12	under a license or other grant of authority issued by this state,
13	13	provides health care services the costs of which may be paid for or
14	14	reimbursed under a health benefit plan. The term includes a
15	15	hospital or other organization or entity that provides health care
16	16	the costs of which may be paid for or reimbursed under a health
17	17	benefit plan.
18	18	SECTION 2. Section 146.003(a), Civil Practice and Remedies
19	19	Code, is amended to read as follows:
20	20	(a) Notwithstanding Chapter 55, Property Code, a [A] health
21	21	care service provider who violates Section 146.002 may not recover
22	22	from the patient directly or by way of a lien, assignment, or other
23	23	method from the proceeds of a patient's third-party tort judgment,
24	24	uninsured or underinsured motorist insurance, personal injury
25	25	protection insurance, or any amount that the patient would have
26	26	been entitled to receive as payment or reimbursement under a health
27	27	benefit plan or that the patient would not otherwise have been
28	28	obligated to pay had the provider complied with Section 146.002. A
29	29	lien filed under Chapter 55, Property Code, is subject to this
30	30	section.
31	31	SECTION 3. Section 55.002, Property Code, is amended by
32	32	adding Subsections (d) and (e) to read as follows:
33	33	(d) A hospital or emergency medical services provider must
34	34	bill the applicable health insurance, including Medicaid,
35	35	Medicare, a compensation to victims of crime fund or a compensation
36	36	to victims of crime auxiliary fund, workers' compensation, or other
37	37	public or private health insurance not later than the date provided
38	38	by the insurer or by applicable law. A hospital or emergency
39	39	medical services provider that violates this section or Section
40	40	146.002, Civil Practice and Remedies Code, may not recover from the
41	41	patient directly or by way of a lien, assignment, or other method
42	42	from the proceeds of a patient's third-party tort judgment,
43	43	uninsured or underinsured motorist insurance, personal injury
44	44	protection insurance, or any amount that the patient would have
45	45	been entitled to receive as payment or reimbursement under a health
46	46	benefit plan or that the patient would not otherwise have been
47	47	obligated to pay had the provider complied with this section or
48	48	Section 146.002, Civil Practice and Remedies Code.
49	49	(e) A patient's obligation to a hospital or emergency
50	50	medical services provider may not be assigned to an automobile
51	51	insurance coverage, including uninsured or underinsured motorist
52	52	coverage, personal injury protection coverage, or medical payments
53	53	coverage. A patient's obligation to a hospital or emergency
54	54	medical services provider may be assigned to the patient's health
55	55	insurance or employee welfare benefit plan.
56	56	SECTION 4. The change in law made by this Act applies only
57	57	to an action that accrues on or after the effective date of this
58	58	Act. An action that accrues before the effective date of this Act
59	59	is governed by the law as it existed immediately before that date,
60	60	and that law is continued in effect for that purpose.
61	61	SECTION 5. This Act takes effect immediately if it receives
62	62	a vote of two-thirds of all the members elected to each house, as
63	63	provided by Section 39, Article III, Texas Constitution. If this
64	64	Act does not receive the vote necessary for immediate effect, this
65	65	Act takes effect September 1, 2009.