85R12285 BEE-F
By: Burkett H.B. No. 3532
A BILL TO BE ENTITLED
AN ACT
relating to the attachment of a hospital lien on a cause of action
or claim of an injured person who receives hospital services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 55.001(3), Property Code, is amended to
read as follows:
(3) "Hospital" has the meaning assigned by Section
241.003, Health and Safety Code [means a person or institution
maintaining a facility that provides hospital services in this
state].
SECTION 2. Sections 55.002(a) and (b), Property Code, are
amended to read as follows:
(a) A hospital has a lien on a cause of action or claim of an
individual who receives hospital services for injuries caused by an
accident that is attributed to the negligence of another person.
For the lien to attach, the individual must receive services from
[be admitted to] a hospital not later than 72 hours after the
accident.
(b) The lien extends to both the [admitting] hospital from
which an individual initially receives services and a hospital to
which the individual is transferred for treatment of the same
injury.
SECTION 3. Section 55.003(a), Property Code, is amended to
read as follows:
(a) A lien under this chapter attaches to:
(1) a cause of action for damages arising from an
injury for which the injured individual receives services from [is
admitted to] the hospital or receives emergency medical services;
(2) a judgment of a court in this state or the decision
of a public agency in a proceeding brought by the injured individual
or by another person entitled to bring the suit in case of the death
of the individual to recover damages arising from an injury for
which the injured individual receives services from [is admitted
to] the hospital or receives emergency medical services; and
(3) the proceeds of a settlement of a cause of action
or a claim by the injured individual or another person entitled to
make the claim, arising from an injury for which the injured
individual receives services from [is admitted to] the hospital or
receives emergency medical services.
SECTION 4. Sections 55.004(b) and (c), Property Code, are
amended to read as follows:
(b) A hospital lien described by Section 55.002(a) is for
the amount of the hospital's charges for services provided to the
injured individual during the first 100 days that [of] the injured
individual receives services from the hospital [individual's
hospitalization].
(c) A hospital lien described by Section 55.002(a) may also
include the amount of a physician's reasonable and necessary
charges for emergency hospital care services provided to the
injured individual during the first seven days that [of] the
injured individual receives services from the hospital
[individual's hospitalization]. At the request of the physician,
the hospital may act on the physician's behalf in securing and
discharging the lien.
SECTION 5. 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 as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2017.