Texas 2017 - 85th Regular

Texas House Bill HB3532 Compare Versions

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

Old	New	Differences
1	1	85R12285 BEE-F
2	2	By: Burkett H.B. No. 3532
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the attachment of a hospital lien on a cause of action
8	8	or claim of an injured person who receives hospital services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 55.001(3), Property Code, is amended to
11	11	read as follows:
12	12	(3) "Hospital" has the meaning assigned by Section
13	13	241.003, Health and Safety Code [means a person or institution
14	14	maintaining a facility that provides hospital services in this
15	15	state].
16	16	SECTION 2. Sections 55.002(a) and (b), Property Code, are
17	17	amended to read as follows:
18	18	(a) A hospital has a lien on a cause of action or claim of an
19	19	individual who receives hospital services for injuries caused by an
20	20	accident that is attributed to the negligence of another person.
21	21	For the lien to attach, the individual must receive services from
22	22	[be admitted to] a hospital not later than 72 hours after the
23	23	accident.
24	24	(b) The lien extends to both the [admitting] hospital from
25	25	which an individual initially receives services and a hospital to
26	26	which the individual is transferred for treatment of the same
27	27	injury.
28	28	SECTION 3. Section 55.003(a), Property Code, is amended to
29	29	read as follows:
30	30	(a) A lien under this chapter attaches to:
31	31	(1) a cause of action for damages arising from an
32	32	injury for which the injured individual receives services from [is
33	33	admitted to] the hospital or receives emergency medical services;
34	34	(2) a judgment of a court in this state or the decision
35	35	of a public agency in a proceeding brought by the injured individual
36	36	or by another person entitled to bring the suit in case of the death
37	37	of the individual to recover damages arising from an injury for
38	38	which the injured individual receives services from [is admitted
39	39	to] the hospital or receives emergency medical services; and
40	40	(3) the proceeds of a settlement of a cause of action
41	41	or a claim by the injured individual or another person entitled to
42	42	make the claim, arising from an injury for which the injured
43	43	individual receives services from [is admitted to] the hospital or
44	44	receives emergency medical services.
45	45	SECTION 4. Sections 55.004(b) and (c), Property Code, are
46	46	amended to read as follows:
47	47	(b) A hospital lien described by Section 55.002(a) is for
48	48	the amount of the hospital's charges for services provided to the
49	49	injured individual during the first 100 days that [of] the injured
50	50	individual receives services from the hospital [individual's
51	51	hospitalization].
52	52	(c) A hospital lien described by Section 55.002(a) may also
53	53	include the amount of a physician's reasonable and necessary
54	54	charges for emergency hospital care services provided to the
55	55	injured individual during the first seven days that [of] the
56	56	injured individual receives services from the hospital
57	57	[individual's hospitalization]. At the request of the physician,
58	58	the hospital may act on the physician's behalf in securing and
59	59	discharging the lien.
60	60	SECTION 5. The change in law made by this Act applies only
61	61	to a lien for services provided to an injured individual on or after
62	62	the effective date of this Act. A lien for services provided before
63	63	the effective date of this Act is governed by the law as it existed
64	64	immediately before the effective date of this Act, and that law is
65	65	continued in effect for that purpose.
66	66	SECTION 6. This Act takes effect September 1, 2017.