Texas 2009 - 81st Regular

Texas Senate Bill SB747 Compare Versions

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Old	New	Differences
1	1	81R28804 AJA-D
2	2	By: Carona S.B. No. 747
3	3	Substitute the following for S.B. No. 747:
4	4	By: Elkins C.S.S.B. No. 747
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to notice of a hospital lien.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 55.005, Property Code, is amended by
12	12	amending Subsections (a) and (b) and adding Subsections (d), (e),
13	13	(f), (g), and (h) to read as follows:
14	14	(a) To secure the lien, a hospital or emergency medical
15	15	services provider must:
16	16	(1) provide notice to the injured individual in
17	17	accordance with Subsection (d), (e), or (f); and
18	18	(2) file written notice of the lien with the county
19	19	clerk of the county in which the services were provided[. The
20	20	notice must be filed] before money is paid to an entitled person
21	21	because of the injury.
22	22	(b) The notice filed under Subsection (a)(2) must contain:
23	23	(1) the injured individual's name and last known
24	24	address;
25	25	(2) the date of the accident;
26	26	(3) the name and location of the hospital or emergency
27	27	medical services provider claiming the lien; [and]
28	28	(4) the name of the person alleged to be liable for
29	29	damages arising from the injury, if known; and
30	30	(5) an affirmation by an agent of the hospital or
31	31	emergency medical services provider that the notice to the injured
32	32	individual was given in accordance with Subsection (d).
33	33	(d) Except as provided by Subsection (e) or (f), on or
34	34	before the date a hospital or emergency medical services provider
35	35	files a notice with the county clerk under Subsection (a)(2), the
36	36	hospital or emergency medical services provider must send a written
37	37	notice to the injured individual by certified mail, return receipt
38	38	requested, to the individual's last known address that states that:
39	39	(1) a hospital lien may attach to any cause of action
40	40	or claim the individual may have against another person for the
41	41	individual's injuries for any unpaid charges for hospital services
42	42	or emergency medical services provided in connection with the
43	43	injuries and specifies to whom the charges may be owed;
44	44	(2) the hospital or emergency medical services
45	45	provider may file a notice of a hospital lien with the county clerk
46	46	of the county in which the services were provided, in accordance
47	47	with Chapter 55, Property Code; and
48	48	(3) a hospital lien attaches to the proceeds of a cause
49	49	of action or settlement the injured individual receives but does
50	50	not attach to real property owned by the individual.
51	51	(e) A hospital is not required to provide notice by mail if
52	52	the hospital provides the notice required by Subsection (d) to the
53	53	injured individual at the time of the individual's admission to the
54	54	hospital and if:
55	55	(1) the notice is provided in a written document
56	56	separate from any other documents signed by or provided to the
57	57	individual at the time of the individual's admission to the
58	58	hospital; and
59	59	(2) the notice is signed by the injured individual or
60	60	the injured individual's representative.
61	61	(f) An emergency medical services provider is not required
62	62	to provide notice by mail if the emergency medical services
63	63	provider provides the notice required by Subsection (d) to the
64	64	injured individual or the injured individual's representative at
65	65	the time emergency medical services are provided and if:
66	66	(1) the required notice is included on the emergency
67	67	medical services authorization form in a paper or electronic
68	68	version in a separate paragraph that is bolded and in at least
69	69	14-point type; and
70	70	(2) except as provided by Subsection (g), the notice
71	71	is signed by the injured individual or the injured individual's
72	72	representative.
73	73	(g) For the purposes of Subsection (f), if consent for
74	74	emergency care of an individual is not required under Section
75	75	773.008, Health and Safety Code, notice provided on an emergency
76	76	medical services authorization form to the injured individual is
77	77	not required to be signed.
78	78	(h) The failure of an individual to receive a notice mailed
79	79	in accordance with Subsection (d) does not affect the validity of a
80	80	lien under this chapter.
81	81	SECTION 2. The change in law made by this Act applies only
82	82	to a lien for services provided to an injured individual on or after
83	83	the effective date of this Act. A lien for services provided before
84	84	the effective date of this Act is governed by the law in effect
85	85	immediately before the effective date of this Act, and that law is
86	86	continued in effect for that purpose.
87	87	SECTION 3. This Act takes effect September 1, 2009.