HBA-MSH S.B. 913 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 913
By: Ogden
Business & Industry
5/7/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, a hospital is authorized to secure a lien on a cause of
action or claim of an individual who receives hospital services for
injuries caused by an accident that is attributed to the negligence of
another person. In instances in which injuries are caused by accident,
emergency medical services providers frequently provide a significant
amount of medical care and services but are not currently authorized to
secure such a lien. The inability to secure such liens cost the Walker
County EMS $82,000 in one year. Senate Bill 913 authorizes an emergency
medical services provider to secure a lien for care and services rendered,
and amends provisions related to hospital liens.  

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 913 amends the Property Code to provide that an emergency
medical services provider (provider) has a lien on a cause of action or
claim of an individual who receives emergency medical services in a county
with a population of 275,000 or less for injuries caused by an accident
that is attributed to the negligence of another person. The bill provides
that for the lien to attach the individual must receive the emergency
medical services not later than 72 hours after the accident.  The bill
provides that an emergency medical services lien is for the amount charged
by the provider during the 72 hours following the accident that caused the
individual's injuries. 

The bill also provides that a hospital lien does not attach to a claim
against the owner or operator of a railroad company that maintains or whose
employees maintain a hospital in which the injured individual is receiving
hospital services.  The bill provides that a hospital lien does not cover
charges by a provider related to any services for which the provider 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 provider's charge for those services, or charges by a
provider for services provided if the injured individual has coverage under
a private medical indemnity plan or program from which the provider is
entitled to recover payment for the provider's services under an assignment
of benefits or similar right. 

EFFECTIVE DATE

September 1, 2001.