82R4591 PMO-D
By: Deuell S.B. No. 1853
A BILL TO BE ENTITLED
AN ACT
relating to hospital and emergency medical services lien notice
requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 55.001, Property Code, is amended by
adding Subdivision (5) to read as follows:
(5) "Third-party payor" means an entity that provides
an insurance, medical service, or health plan by contract or
agreement, including an automobile liability insurance or no-fault
insurance carrier, and any other plan or program that provides
compensation or coverage for expenses incurred by an individual for
hospital or emergency medical services for which a lien may attach
under this chapter.
SECTION 2. Chapter 55, Property Code, is amended by adding
Section 55.0055 to read as follows:
Sec. 55.0055. NOTICE TO THIRD-PARTY PAYORS REQUIRED. (a)
Not later than the third business day after the date a hospital or
emergency medical services provider files a written notice of the
lien under Section 55.005, the hospital or emergency medical
services provider shall send a copy of the notice by prepaid United
States mail to each third-party payor of which the hospital or
emergency medical services provider has actual knowledge.
(b) If a hospital or medical services provider fails to send
a copy of the notice of the lien as required by Subsection (a), the
notice of the lien filed under Section 55.005 is void.
SECTION 3. The change in law made by this Act applies only
to a notice of a lien filed on or after the effective date of this
Act. A notice of a lien filed before the effective date of this Act
is covered by the law in effect when the notice of the lien was
filed, and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2011.