Texas 2017 - 85th Regular

Texas House Bill HB4048 Compare Versions

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

Old	New	Differences
1	1	By: Thierry H.B. No. 4048
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the attachment of a hospital lien on a cause of action
7	7	or claim of an injured person who receives hospital services.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 55.001(3), Property Code, is amended to
10	10	read as follows:
11	11	(3) "Hospital" has the meaning assigned by Section
12	12	241.003, Health and Safety Code [means a person or institution
13	13	maintaining a facility that provides hospital services in this
14	14	state].
15	15	SECTION 2. Sections 55.002(a) and (b), Property Code, are
16	16	amended to read as follows:
17	17	(a) A hospital has a lien on a cause of action or claim of an
18	18	individual who receives hospital services for injuries caused by an
19	19	accident that is attributed to the negligence of another person.
20	20	For the lien to attach, the individual must receive services from
21	21	[be admitted to] a hospital not later than 72 hours after the
22	22	accident.
23	23	(b) The lien extends to both the [admitting] hospital from
24	24	which an individual initially receives services and a hospital to
25	25	which the individual is transferred for treatment of the same
26	26	injury.
27	27	SECTION 3. Section 55.003(a), Property Code, is amended to
28	28	read as follows:
29	29	(a) A lien under this chapter attaches to:
30	30	(1) a cause of action for damages arising from an
31	31	injury for which the injured individual receives services from [is
32	32	admitted to] the hospital or receives emergency medical services;
33	33	(2) a judgment of a court in this state or the decision
34	34	of a public agency in a proceeding brought by the injured individual
35	35	or by another person entitled to bring the suit in case of the death
36	36	of the individual to recover damages arising from an injury for
37	37	which the injured individual receives services from [is admitted
38	38	to] the hospital or receives emergency medical services; and
39	39	(3) the proceeds of a settlement of a cause of action
40	40	or a claim by the injured individual or another person entitled to
41	41	make the claim, arising from an injury for which the injured
42	42	individual receives services from [is admitted to] the hospital or
43	43	receives emergency medical services.
44	44	SECTION 4. Sections 55.004(b) and (c), Property Code, are
45	45	amended to read as follows:
46	46	(b) A hospital lien described by Section 55.002(a) is for
47	47	the amount of the hospital's charges for services provided to the
48	48	injured individual during the first 100 days that [of] the injured
49	49	individual receives services from the hospital [individual's
50	50	hospitalization].
51	51	(c) A hospital lien described by Section 55.002(a) may also
52	52	include the amount of a physician's reasonable and necessary
53	53	charges for emergency hospital care services provided to the
54	54	injured individual during the first seven days that [of] the
55	55	injured individual receives services from the hospital
56	56	[individual's hospitalization]. At the request of the physician,
57	57	the hospital may act on the physician's behalf in securing and
58	58	discharging the lien.
59	59	SECTION 5. Section 55.009 Property Code, is added to read as
60	60	follows:
61	61	Sec. 55.009. RECOVERY LIMITED. (a) If a person is entitled
62	62	by law to seek a recovery of medical expenses for injuries caused by
63	63	an accident that is attributed to the negligence of another person,
64	64	the person and all lien holders are entitled to recover as provided
65	65	by Subsection (b) or (c).
66	66	(b) This subsection applies when a person is not represented
67	67	by an attorney in obtaining a recovery. The person and all lien
68	68	holders are entitled to recover under Subsection (a) of a person's
69	69	recovery in an amount that is equal to the lesser of:
70	70	(1) one-half of the person's gross recovery; or
71	71	(2) the total amount provided by Sec 55.004.
72	72	(c) This subsection applies when a person is represented by
73	73	an attorney in obtaining a recovery. The person and lien holders
74	74	share under Subsection (a) of a person's recovery is an amount that
75	75	is equal to the lesser of:
76	76	(1) one-half of the person's gross recovery less
77	77	attorney's fees and procurement costs as provided by Section
78	78	55.011; or
79	79	(2) the total under Sec 55.004 less attorney's fees and
80	80	procurement costs as provided by Section 55.011.
81	81	SECTION 6. Section 55.010 Property Code, is added to read as
82	82	follows:
83	83	Sec. 55.010. ATTORNEY'S FEES IN DECLARATORY JUDGMENT
84	84	ACTION. Notwithstanding Section 37.009 or any other law, if a
85	85	declaratory judgment action is brought under this chapter, the
86	86	court may not award costs or attorney's fees to any party in the
87	87	action for the declaratory judgment action.
88	88	SECTION 7. Section 55.011 Property Code, is added to read as
89	89	follows:
90	90	Sec. 55.011. ATTORNEY'S FEES IN RECOVERY ACTION. (a) Except
91	91	as provided by Subsection (c), a lien holder whose interest is not
92	92	actively represented by an attorney in an action seeking a recovery
93	93	for injuries caused by an accident that is attributed to the
94	94	negligence of another person shall pay to an attorney representing
95	95	the person a fee in an amount determined under an agreement entered
96	96	into between the attorney and the lien holder plus a pro rata share
97	97	of expenses incurred in connection with the recovery.
98	98	(b) Except as provided by Subsection (c), in the absence of
99	99	an agreement described by Subsection (a), the court shall award to
100	100	the attorney, payable out of the lien holder's share of the total
101	101	gross recovery, a reasonable fee for recovery of their share, not
102	102	to exceed one-third of their recovery, plus a pro rata share of
103	103	expenses incurred in connection with the recovery.
104	104	(c) If an attorney representing the lien holder's interest
105	105	actively participates in obtaining a recovery, the court shall
106	106	award and apportion between the person's attorney and lien holder's
107	107	attorney a fee and pro rata expenses payable out of recovery. In
108	108	apportioning the award, the court shall consider the benefit
109	109	accruing to the lien holder as a result of each attorney's service.
110	110	The total attorney's fees may not exceed one-third of the payor's
111	111	recovery.
112	112	SECTION 8. Section 55.012 Property Code, is added to read as
113	113	follows:
114	114	Sec. 55.012. CONSTRUCTION OF CHAPTER. Nothing in this
115	115	chapter shall be construed to prevent a hospital or emergency
116	116	medical services provider from waiving, negotiating, or not
117	117	pursuing any claim or recovery described in this chapter. The
118	118	injured individual or their authorized representative retains
119	119	exclusive authority to conduct negotiations on behalf of the
120	120	injured individual in the absence of a court order.
121	121	SECTION 13
122	122	. The change in law made by this Act applies only
123	123	to a lien for services provided to an injured individual on or after
124	124	the effective date of this Act. A lien for services provided before
125	125	the effective date of this Act is governed by the law as it existed
126	126	immediately before the effective date of this Act, and that law is
127	127	continued in effect for that purpose.
128	128	SECTION 14. This Act takes effect September 1, 2017.