Texas 2019 86th Regular

Texas House Bill HB2929 Engrossed / Bill

Filed 05/09/2019

                    86R27021 BEE-F
 By: Leach H.B. No. 2929


 A BILL TO BE ENTITLED
 AN ACT
 relating to hospital liens.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 55, Property Code, is amended by adding
 Section 55.0015 to read as follows:
 Sec. 55.0015.  ADMISSION TO HOSPITAL.  For purposes of this
 chapter, an injured individual is considered admitted to a hospital
 if the individual is allowed access to any department of the
 hospital for the provision of any treatment, care, or service to the
 individual.
 SECTION 2.  Sections 55.004(b) and (d), Property Code, are
 amended to read as follows:
 (b)  A hospital lien described by Section 55.002(a) is for
 the lesser of:
 (1)  the amount of the hospital's charges for services
 provided to the injured individual during the first 100 days of the
 injured individual's hospitalization; or
 (2)  50 percent of all amounts recovered by the injured
 individual through a cause of action, judgment, or settlement
 described by Section 55.003(a).
 (d)  A hospital lien described by Section 55.002(a) does not
 cover:
 (1)  charges for other services that exceed a
 reasonable and regular rate for the services;
 (2)  charges by the physician related to any services
 provided under Subsection (c) for which the physician has accepted
 insurance benefits or payment under a private medical indemnity
 plan or program, regardless of whether the benefits or payment
 equals the full amount of the physician's charges for those
 services;
 (3)  charges by the physician for services provided
 under Subsection (c) if the injured individual has coverage under a
 private medical indemnity plan or program from which the physician
 is entitled to recover payment for the physician's services under
 an assignment of benefits or similar rights; [or]
 (4)  charges by the physician related to any services
 provided under Subsection (c) if the physician is a member of the
 legislature; or
 (5)  charges for which recovery is barred under Section
 146.003, Civil Practice and Remedies Code.
 SECTION 3.  The addition by this Act of Section 55.0015,
 Property Code, is intended to clarify rather than change the
 existing law.
 SECTION 4.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2019.