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