Texas 2011 - 82nd Regular

Texas Senate Bill SB328 Compare Versions

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1	1	By: Carona S.B. No. 328
2	2	(Deshotel)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to notice of a hospital lien.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 55.005, Property Code, is amended by
10	10	amending Subsection (a) and adding Subsections (d) through (g) to
11	11	read as follows:
12	12	(a) To secure the lien, a hospital or emergency medical
13	13	services provider must:
14	14	(1) provide notice to the injured individual in
15	15	accordance with Subsection (d); and
16	16	(2) file written notice of the lien with the county
17	17	clerk of the county in which the services were provided[. The
18	18	notice must be filed] before money is paid to an entitled person
19	19	because of the injury.
20	20	(d) Except as provided by Subsection (e), not later than the
21	21	fifth business day after the date a hospital or emergency medical
22	22	services provider receives notice from the county clerk that a
23	23	notice of lien filed under Subsection (a)(2) has been recorded in
24	24	the county records, the hospital or emergency medical services
25	25	provider must send a written notice to the injured individual or the
26	26	injured individual's legal representative, by regular mail, to the
27	27	individual's last known address, informing the individual that:
28	28	(1) the lien will attach to any cause of action or
29	29	claim the individual may have against another person for the
30	30	individual's injuries; and
31	31	(2) the lien does not attach to real property owned by
32	32	the individual.
33	33	(e) An emergency medical services provider is not required
34	34	to provide notice by mail if the emergency medical services
35	35	provider provides the notice required by Subsection (d) to the
36	36	injured individual or the injured individual's representative at
37	37	the time emergency medical services are provided and if:
38	38	(1) the required notice is included on the emergency
39	39	medical services authorization form in a paper or electronic
40	40	version in a separate paragraph that is bolded and in at least
41	41	14-point type; and
42	42	(2) except as provided by Subsection (f), the notice
43	43	is signed by the injured individual or the injured individual's
44	44	representative.
45	45	(f) For the purposes of Subsection (e), if consent for
46	46	emergency care of an individual is not required under Section
47	47	773.008, Health and Safety Code, notice provided on an emergency
48	48	medical services authorization form to the injured individual is
49	49	not required to be signed.
50	50	(g) The failure of an individual to receive a notice mailed
51	51	in accordance with Subsection (d) does not affect the validity of a
52	52	lien under this chapter.
53	53	SECTION 2. The change in law made by this Act applies only
54	54	to a lien for services provided to an injured individual on or after
55	55	the effective date of this Act. A lien for services provided before
56	56	the effective date of this Act is governed by the law in effect
57	57	immediately before the effective date of this Act, and that law is
58	58	continued in effect for that purpose.
59	59	SECTION 3. This Act takes effect September 1, 2011.