87R16442 MWC-F
By: Leach H.B. No. 2064
Substitute the following for H.B. No. 2064:
By: Johnson of Dallas C.S.H.B. No. 2064
A BILL TO BE ENTITLED
AN ACT
relating to the amount of a hospital or physician lien on certain
causes of action or claims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 55.004(b), Property Code, is 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 less the pro rata share of
attorney's fees and expenses the injured individual incurred in
pursuing the claim; [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) less the pro rata share of
attorney's fees and expenses the injured individual incurred in
pursuing the claim; or
(3) the amount awarded by the trier of fact for the
services provided to the injured individual by the hospital less
the pro rata share of attorney's fees and expenses the injured
individual incurred in pursuing the claim.
SECTION 2. 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 in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. 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, 2021.