Relating to the attachment of a hospital lien on a cause of action or claim of an injured person who receives hospital services.
If enacted, HB 4048 would amend the Property Code by introducing new provisions related to hospital liens, particularly in the context of injuries resulting from negligent actions by others. The changes emphasize that hospitals can secure liens for medical services rendered within a specific timeframe and would extend the lien to include judgments, agency decisions, and settlement proceeds associated with the injury. This could potentially streamline the recovery of medical expenses for hospitals and impact the financial implications faced by individuals receiving care after such incidents.
House Bill 4048 aims to modify the existing laws surrounding hospital liens in Texas, specifically concerning the rights hospitals have to attach liens on causes of action or claims for individuals who receive hospital services due to injuries caused by another's negligence. The bill outlines the stipulations under which these liens are applicable, indicating that a lien can only attach if the injured party receives services from the hospital within 72 hours following the accident. This adjustment seeks to clarify the process and strengthen hospitals' rights to recover costs associated with the provided care.
Notable points of contention surrounding HB 4048 revolve around the balance between ensuring hospitals can recover their costs while also protecting the rights of injured individuals. Critics may argue that such liens could lead to financial burdens on patients, especially if they are not fully aware of the lien's implications or their rights regarding legal representation. Additionally, the bill includes provisions about attorney fees, stating that if an injured party is represented, attorney fees can be deducted from the lien holder's recovery, which may raise concerns about fair compensation for both parties.