HBA-EVB C.S.S.B. 384 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 384 By: Duncan Business & Industry 5/4/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, a lien can be set by a hospital against an individual's cause of action or claim of negligence against a third party. The lien is for the amount of the hospital's charges for services provided to the injured individual during the first 100 days of hospitalization and only for charges that do not exceed certain federal cost limits or a reasonable and regular rate for the services. C.S.S.B. 384 authorizes a hospital lien to include the amount of a physician's reasonable and necessary charges for emergency care services provided to an injured individual during the first seven days of the injured individual's hospitalization. Under this bill, the term "physician" does not include a physician who is a member of the state legislature. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 55.004, Property Code, as follows: Sec. 55.004. AMOUNT OF LIEN. (a) Makes a conforming change. (b) Authorizes the lien to include the amount of a physician's reasonable and necessary charges for emergency care services provided to an injured individual during the first seven days of the injured individual's hospitalization. Authorizes the hospital, at the request of a physician, to act on behalf of the physician with respect to securing and discharging the lien. Specifies that the term "physician," as used in this subsection, does not include a physician who is a member of the state legislature. (c) Provides a definition of "emergency care." (d) Provides that the lien does not cover any services for which the physician has accepted insurance benefits or payment under any private medical indemnity plan or program. Makes conforming changes. (e) Redesignated from existing Subsection (b). SECTION 2.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 384 differs from the original bill in SECTION 1 (proposed Section 55.004(b), Property Code) by specifying that the term "physician," as used in proposed Section 55.004(b), does not include a physician who is a member of the state legislature. In proposed Section 55.004(c), the substitute differs from the original by making a nonsubstantive change.