By: Carona S.B. No. 328
(Deshotel)
A BILL TO BE ENTITLED
AN ACT
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 Subsection (a) and adding Subsections (d) through (g) 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); and
(2) file written notice of the lien with the county
clerk of the county in which the services were provided[. The
notice must be filed] before money is paid to an entitled person
because of the injury.
(d) Except as provided by Subsection (e), not later than the
fifth business day after the date a hospital or emergency medical
services provider receives notice from the county clerk that a
notice of lien filed under Subsection (a)(2) has been recorded in
the county records, the hospital or emergency medical services
provider must send a written notice to the injured individual or the
injured individual's legal representative, by regular mail, to the
individual's last known address, informing the individual that:
(1) the lien will attach to any cause of action or
claim the individual may have against another person for the
individual's injuries; and
(2) the lien does not attach to real property owned by
the individual.
(e) 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 (f), the notice
is signed by the injured individual or the injured individual's
representative.
(f) For the purposes of Subsection (e), 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.
(g) 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.