4 | 10 | | AN ACT |
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5 | 11 | | relating to hospital liens. |
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6 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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7 | 13 | | SECTION 1. Chapter 55, Property Code, is amended by adding |
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8 | 14 | | Section 55.0015 to read as follows: |
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9 | 15 | | Sec. 55.0015. ADMISSION TO HOSPITAL. For purposes of this |
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10 | 16 | | chapter, an injured individual is considered admitted to a hospital |
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11 | 17 | | if the individual is allowed access to any department of the |
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12 | 18 | | hospital for the provision of any treatment, care, or service to the |
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13 | 19 | | individual. |
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14 | 20 | | SECTION 2. Sections 55.004(b) and (d), Property Code, are |
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15 | 21 | | amended to read as follows: |
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16 | 22 | | (b) A hospital lien described by Section 55.002(a) is for |
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17 | 23 | | the lesser of: |
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18 | 24 | | (1) the amount of the hospital's charges for services |
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19 | 25 | | provided to the injured individual during the first 100 days of the |
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20 | 26 | | injured individual's hospitalization; or |
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21 | 27 | | (2) 50 percent of all amounts recovered by the injured |
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22 | 28 | | individual through a cause of action, judgment, or settlement |
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23 | 29 | | described by Section 55.003(a). |
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24 | 30 | | (d) A hospital lien described by Section 55.002(a) does not |
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25 | 31 | | cover: |
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26 | 32 | | (1) charges for other services that exceed a |
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27 | 33 | | reasonable and regular rate for the services; |
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28 | 34 | | (2) charges by the physician related to any services |
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29 | 35 | | provided under Subsection (c) for which the physician has accepted |
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30 | 36 | | insurance benefits or payment under a private medical indemnity |
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31 | 37 | | plan or program, regardless of whether the benefits or payment |
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32 | 38 | | equals the full amount of the physician's charges for those |
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33 | 39 | | services; |
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34 | 40 | | (3) charges by the physician for services provided |
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35 | 41 | | under Subsection (c) if the injured individual has coverage under a |
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36 | 42 | | private medical indemnity plan or program from which the physician |
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37 | 43 | | is entitled to recover payment for the physician's services under |
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38 | 44 | | an assignment of benefits or similar rights; [or] |
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39 | 45 | | (4) charges by the physician related to any services |
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40 | 46 | | provided under Subsection (c) if the physician is a member of the |
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41 | 47 | | legislature; or |
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42 | 48 | | (5) charges for which recovery is barred under Section |
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43 | 49 | | 146.003, Civil Practice and Remedies Code. |
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44 | 50 | | SECTION 3. The addition by this Act of Section 55.0015, |
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45 | 51 | | Property Code, is intended to clarify rather than change the |
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46 | 52 | | existing law. |
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47 | 53 | | SECTION 4. This Act takes effect immediately if it receives |
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48 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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49 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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50 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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51 | 57 | | Act takes effect September 1, 2019. |
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52 | | - | ______________________________ ______________________________ |
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53 | | - | President of the Senate Speaker of the House |
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54 | | - | I certify that H.B. No. 2929 was passed by the House on May 9, |
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55 | | - | 2019, by the following vote: Yeas 118, Nays 21, 2 present, not |
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56 | | - | voting. |
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57 | | - | ______________________________ |
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58 | | - | Chief Clerk of the House |
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59 | | - | I certify that H.B. No. 2929 was passed by the Senate on May |
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60 | | - | 22, 2019, by the following vote: Yeas 30, Nays 0, 1 present, not |
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61 | | - | voting. |
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62 | | - | ______________________________ |
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63 | | - | Secretary of the Senate |
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64 | | - | APPROVED: _____________________ |
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65 | | - | Date |
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66 | | - | _____________________ |
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67 | | - | Governor |
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| 58 | + | * * * * * |
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