HBA-CCH S.B. 583 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 583
By: Duncan
Business & Industry
4/1/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, a hospital can hold a lien for services provided during a
patient's first 100 days of treatment. Yet, services provided by emergency
room physicians are often not compensated, and the collection rate for
trauma treatment is low.  Senate Bill 583 provides for a lien to include
compensation for the emergency room physician. 

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. 

ANALYSIS

Senate Bill 583 amends the Property Code to provide that the lien for 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 may also include the amount of a physician's reasonable and
necessary charges for emergency hospital care services provided to the
injured individual during the first seven days of the injured individual's
hospitalization.  The bill also authorizes the hospital to act on the
physician's behalf in securing and discharging the lien, at the request of
the physician.  However, the bill provides that the lien does not cover
charges by the physician related to any services 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, or
charges by the physician for services 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. 

EFFECTIVE DATE

September 1, 2001.