State Codes and Statutes
Statutes > Texas > Property-code > Title-5-exempt-property-and-liens > Chapter-55-hospital-and-emergency-medical-services-liens
PROPERTY CODE
TITLE 5. EXEMPT PROPERTY AND LIENS
SUBTITLE B. LIENS
CHAPTER 55. HOSPITAL AND EMERGENCY MEDICAL SERVICES LIENS
Sec. 55.001. DEFINITIONS. In this chapter:
(1) "Emergency medical services" has the meaning assigned by
Section 773.003, Health and Safety Code.
(2) "Emergency medical services provider" has the meaning
assigned by Section 773.003, Health and Safety Code.
(3) "Hospital" means a person or institution maintaining a
facility that provides hospital services in this state.
(4) "Person" does not include a county, common, or independent
school district.
Acts 1983, 68th Leg., p. 3562, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff.
Sept. 1, 2003.
Sec. 55.002. LIEN. (a) A hospital has 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. For the lien to attach, the
individual must be admitted to a hospital not later than 72 hours
after the accident.
(b) The lien extends to both the admitting hospital and a
hospital to which the individual is transferred for treatment of
the same injury.
(c) An emergency medical services 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 575,000 or less
for injuries caused by an accident that is attributed to the
negligence of another person. For the lien to attach, the
individual must receive the emergency medical services not later
than 72 hours after the accident.
Acts 1983, 68th Leg., p. 3562, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff.
Sept. 1, 2003.
Sec. 55.003. PROPERTY TO WHICH LIEN ATTACHES. (a) A lien under
this chapter attaches to:
(1) a cause of action for damages arising from an injury for
which the injured individual is admitted to the hospital or
receives emergency medical services;
(2) a judgment of a court in this state or the decision of a
public agency in a proceeding brought by the injured individual
or by another person entitled to bring the suit in case of the
death of the individual to recover damages arising from an injury
for which the injured individual is admitted to the hospital or
receives emergency medical services; and
(3) the proceeds of a settlement of a cause of action or a claim
by the injured individual or another person entitled to make the
claim, arising from an injury for which the injured individual is
admitted to the hospital or receives emergency medical services.
(b) The lien does not attach to:
(1) a claim under the workers' compensation law of this state,
the Federal Employees Liability Act, or the Federal Longshore and
Harbor Workers' Compensation Act; or
(2) the proceeds of an insurance policy in favor of the injured
individual or the injured individual's beneficiary or legal
representative, except public liability insurance carried by the
insured that protects the insured against loss caused by an
accident or collision.
(c) A hospital lien described by Section 55.002(a) 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.
Acts 1983, 68th Leg., p. 3562, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff.
Sept. 1, 2003.
Sec. 55.004. AMOUNT OF LIEN. (a) In this section, "emergency
hospital care" means health care services provided in a hospital
to evaluate, stabilize, and treat a serious medical problem of
recent onset or severity, including severe pain that would lead a
prudent layperson possessing an average knowledge of medicine and
health to believe that the condition, illness, or injury is of
such a nature that failure to obtain immediate medical care would
in all reasonable probability:
(1) seriously jeopardize the patient's health;
(2) seriously impair one or more bodily functions;
(3) seriously harm an organ or other part of the body;
(4) cause serious disfigurement; or
(5) in the case of a pregnant woman, seriously jeopardize the
health of the fetus.
(b) A hospital lien described by Section 55.002(a) is 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.
(c) A hospital lien described by Section 55.002(a) 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. At the request of the physician,
the hospital may act on the physician's behalf in securing and
discharging the lien.
(d) A hospital lien described by Section 55.002(a) does not
cover:
(1) charges for other services that exceed a reasonable and
regular rate for the services;
(2) charges by the physician related to any services provided
under Subsection (c) 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;
(3) charges by the physician for services provided under
Subsection (c) 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; or
(4) charges by the physician related to any services provided
under Subsection (c) if the physician is a member of the
legislature.
(e) A hospital lien described by Section 55.002(a) is not
affected by a hospital's use of a method of classifying patients
according to their ability to pay that is solely intended to
obtain a lien for services provided to an indigent injured
individual.
(f) An emergency medical services lien described by Section
55.002(c) is for the amount charged by the emergency medical
services provider, not to exceed $1,000, for emergency medical
services provided to the injured individual during the 72 hours
following the accident that caused the individual's injuries.
(g) An emergency medical services lien described by Section
55.002(c) does not cover:
(1) charges for services that exceed a reasonable and regular
rate for the services;
(2) charges by the emergency medical services provider related
to any services for which the emergency medical services provider
has accepted insurance benefits or payment under a private
medical indemnity plan or program, regardless of whether the
benefits or payments equal the full amount of the charges for
those services; or
(3) charges by the emergency medical services 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.
(h) If the physician is employed in that capacity by an
institution of higher education, as defined by Section 61.003,
Education Code, and the lien does not include the amount of the
physician's reasonable and necessary charges described by
Subsection (c), the physician has a lien on the cause of action
in the same manner as a hospital under this chapter. The lien is
subject to provisions of this chapter applicable to a hospital
lien, and the physician or the physician's employing institution
may secure and enforce the lien in the manner provided by this
chapter.
Acts 1983, 68th Leg., p. 3563, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2001, 77th Leg., ch. 930, Sec. 1, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 337, Sec. 1, eff. Sept.
1, 2003; Acts 2003, 78th Leg., ch. 1266, Sec. 1.16, eff. June 20,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 23.001(79), eff. September 1, 2005.
Sec. 55.005. SECURING LIEN. (a) To secure the lien, a hospital
or emergency medical services provider must file written notice
of the lien with the county clerk of the county in which the
services were provided. The notice must be filed before money is
paid to an entitled person because of the injury.
(b) The notice must contain:
(1) the injured individual's name and address;
(2) the date of the accident;
(3) the name and location of the hospital or emergency medical
services provider claiming the lien; and
(4) the name of the person alleged to be liable for damages
arising from the injury, if known.
(c) The county clerk shall record the name of the injured
individual, the date of the accident, and the name and address of
the hospital or emergency medical services provider and shall
index the record in the name of the injured individual.
Acts 1983, 68th Leg., p. 3563, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1995, 74th Leg., ch. 1031, Sec. 1, eff.
Aug. 28, 1995; Acts 2003, 78th Leg., ch. 337, Sec. 1, eff. Sept.
1, 2003.
Sec. 55.006. DISCHARGE OF LIEN. (a) To discharge a lien under
this chapter, the authorities of the hospital or emergency
medical services provider claiming the lien or the person in
charge of the finances of the hospital or emergency medical
services provider must execute and file with the county clerk of
the county in which the lien notice was filed a certificate
stating that the debt covered by the lien has been paid or
released and authorizing the clerk to discharge the lien.
(b) The county clerk shall record a memorandum of the
certificate and the date it was filed.
(c) The filing of the certificate and recording of the
memorandum discharge the lien.
Acts 1983, 68th Leg., p. 3564, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff.
Sept. 1, 2003.
Sec. 55.007. VALIDITY OF RELEASE. (a) A release of a cause of
action or judgment to which a lien under this chapter may attach
is not valid unless:
(1) the charges of the hospital or emergency medical services
provider claiming the lien were paid in full before the execution
and delivery of the release;
(2) the charges of the hospital or emergency medical services
provider claiming the lien were paid before the execution and
delivery of the release to the extent of any full and true
consideration paid to the injured individual by or on behalf of
the other parties to the release; or
(3) the hospital or emergency medical services provider claiming
the lien is a party to the release.
(b) A judgment to which a lien under this chapter has attached
remains in effect until the charges of the hospital or emergency
medical services provider claiming the lien are paid in full or
to the extent set out in the judgment.
Acts 1983, 68th Leg., p. 3564, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff.
Sept. 1, 2003.
Sec. 55.008. RECORDS. (a) On request by an attorney for a
party by, for, or against whom a claim is asserted for damages
arising from an injury, a hospital or emergency medical services
provider shall as promptly as possible make available for the
attorney's examination its records concerning the services
provided to the injured individual.
(b) The hospital or emergency medical services provider may
issue reasonable rules for granting access to its records under
this section, but it may not deny access because a record is
incomplete.
(c) The records are admissible, subject to applicable rules of
evidence, in a civil suit arising from the injury.
Acts 1983, 68th Leg., p. 3564, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff.
Sept. 1, 2003.
State Codes and Statutes
Statutes > Texas > Property-code > Title-5-exempt-property-and-liens > Chapter-55-hospital-and-emergency-medical-services-liens
PROPERTY CODE
TITLE 5. EXEMPT PROPERTY AND LIENS
SUBTITLE B. LIENS
CHAPTER 55. HOSPITAL AND EMERGENCY MEDICAL SERVICES LIENS
Sec. 55.001. DEFINITIONS. In this chapter:
(1) "Emergency medical services" has the meaning assigned by
Section 773.003, Health and Safety Code.
(2) "Emergency medical services provider" has the meaning
assigned by Section 773.003, Health and Safety Code.
(3) "Hospital" means a person or institution maintaining a
facility that provides hospital services in this state.
(4) "Person" does not include a county, common, or independent
school district.
Acts 1983, 68th Leg., p. 3562, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff.
Sept. 1, 2003.
Sec. 55.002. LIEN. (a) A hospital has 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. For the lien to attach, the
individual must be admitted to a hospital not later than 72 hours
after the accident.
(b) The lien extends to both the admitting hospital and a
hospital to which the individual is transferred for treatment of
the same injury.
(c) An emergency medical services 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 575,000 or less
for injuries caused by an accident that is attributed to the
negligence of another person. For the lien to attach, the
individual must receive the emergency medical services not later
than 72 hours after the accident.
Acts 1983, 68th Leg., p. 3562, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff.
Sept. 1, 2003.
Sec. 55.003. PROPERTY TO WHICH LIEN ATTACHES. (a) A lien under
this chapter attaches to:
(1) a cause of action for damages arising from an injury for
which the injured individual is admitted to the hospital or
receives emergency medical services;
(2) a judgment of a court in this state or the decision of a
public agency in a proceeding brought by the injured individual
or by another person entitled to bring the suit in case of the
death of the individual to recover damages arising from an injury
for which the injured individual is admitted to the hospital or
receives emergency medical services; and
(3) the proceeds of a settlement of a cause of action or a claim
by the injured individual or another person entitled to make the
claim, arising from an injury for which the injured individual is
admitted to the hospital or receives emergency medical services.
(b) The lien does not attach to:
(1) a claim under the workers' compensation law of this state,
the Federal Employees Liability Act, or the Federal Longshore and
Harbor Workers' Compensation Act; or
(2) the proceeds of an insurance policy in favor of the injured
individual or the injured individual's beneficiary or legal
representative, except public liability insurance carried by the
insured that protects the insured against loss caused by an
accident or collision.
(c) A hospital lien described by Section 55.002(a) 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.
Acts 1983, 68th Leg., p. 3562, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff.
Sept. 1, 2003.
Sec. 55.004. AMOUNT OF LIEN. (a) In this section, "emergency
hospital care" means health care services provided in a hospital
to evaluate, stabilize, and treat a serious medical problem of
recent onset or severity, including severe pain that would lead a
prudent layperson possessing an average knowledge of medicine and
health to believe that the condition, illness, or injury is of
such a nature that failure to obtain immediate medical care would
in all reasonable probability:
(1) seriously jeopardize the patient's health;
(2) seriously impair one or more bodily functions;
(3) seriously harm an organ or other part of the body;
(4) cause serious disfigurement; or
(5) in the case of a pregnant woman, seriously jeopardize the
health of the fetus.
(b) A hospital lien described by Section 55.002(a) is 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.
(c) A hospital lien described by Section 55.002(a) 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. At the request of the physician,
the hospital may act on the physician's behalf in securing and
discharging the lien.
(d) A hospital lien described by Section 55.002(a) does not
cover:
(1) charges for other services that exceed a reasonable and
regular rate for the services;
(2) charges by the physician related to any services provided
under Subsection (c) 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;
(3) charges by the physician for services provided under
Subsection (c) 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; or
(4) charges by the physician related to any services provided
under Subsection (c) if the physician is a member of the
legislature.
(e) A hospital lien described by Section 55.002(a) is not
affected by a hospital's use of a method of classifying patients
according to their ability to pay that is solely intended to
obtain a lien for services provided to an indigent injured
individual.
(f) An emergency medical services lien described by Section
55.002(c) is for the amount charged by the emergency medical
services provider, not to exceed $1,000, for emergency medical
services provided to the injured individual during the 72 hours
following the accident that caused the individual's injuries.
(g) An emergency medical services lien described by Section
55.002(c) does not cover:
(1) charges for services that exceed a reasonable and regular
rate for the services;
(2) charges by the emergency medical services provider related
to any services for which the emergency medical services provider
has accepted insurance benefits or payment under a private
medical indemnity plan or program, regardless of whether the
benefits or payments equal the full amount of the charges for
those services; or
(3) charges by the emergency medical services 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.
(h) If the physician is employed in that capacity by an
institution of higher education, as defined by Section 61.003,
Education Code, and the lien does not include the amount of the
physician's reasonable and necessary charges described by
Subsection (c), the physician has a lien on the cause of action
in the same manner as a hospital under this chapter. The lien is
subject to provisions of this chapter applicable to a hospital
lien, and the physician or the physician's employing institution
may secure and enforce the lien in the manner provided by this
chapter.
Acts 1983, 68th Leg., p. 3563, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2001, 77th Leg., ch. 930, Sec. 1, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 337, Sec. 1, eff. Sept.
1, 2003; Acts 2003, 78th Leg., ch. 1266, Sec. 1.16, eff. June 20,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 23.001(79), eff. September 1, 2005.
Sec. 55.005. SECURING LIEN. (a) To secure the lien, a hospital
or emergency medical services provider must file written notice
of the lien with the county clerk of the county in which the
services were provided. The notice must be filed before money is
paid to an entitled person because of the injury.
(b) The notice must contain:
(1) the injured individual's name and address;
(2) the date of the accident;
(3) the name and location of the hospital or emergency medical
services provider claiming the lien; and
(4) the name of the person alleged to be liable for damages
arising from the injury, if known.
(c) The county clerk shall record the name of the injured
individual, the date of the accident, and the name and address of
the hospital or emergency medical services provider and shall
index the record in the name of the injured individual.
Acts 1983, 68th Leg., p. 3563, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1995, 74th Leg., ch. 1031, Sec. 1, eff.
Aug. 28, 1995; Acts 2003, 78th Leg., ch. 337, Sec. 1, eff. Sept.
1, 2003.
Sec. 55.006. DISCHARGE OF LIEN. (a) To discharge a lien under
this chapter, the authorities of the hospital or emergency
medical services provider claiming the lien or the person in
charge of the finances of the hospital or emergency medical
services provider must execute and file with the county clerk of
the county in which the lien notice was filed a certificate
stating that the debt covered by the lien has been paid or
released and authorizing the clerk to discharge the lien.
(b) The county clerk shall record a memorandum of the
certificate and the date it was filed.
(c) The filing of the certificate and recording of the
memorandum discharge the lien.
Acts 1983, 68th Leg., p. 3564, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff.
Sept. 1, 2003.
Sec. 55.007. VALIDITY OF RELEASE. (a) A release of a cause of
action or judgment to which a lien under this chapter may attach
is not valid unless:
(1) the charges of the hospital or emergency medical services
provider claiming the lien were paid in full before the execution
and delivery of the release;
(2) the charges of the hospital or emergency medical services
provider claiming the lien were paid before the execution and
delivery of the release to the extent of any full and true
consideration paid to the injured individual by or on behalf of
the other parties to the release; or
(3) the hospital or emergency medical services provider claiming
the lien is a party to the release.
(b) A judgment to which a lien under this chapter has attached
remains in effect until the charges of the hospital or emergency
medical services provider claiming the lien are paid in full or
to the extent set out in the judgment.
Acts 1983, 68th Leg., p. 3564, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff.
Sept. 1, 2003.
Sec. 55.008. RECORDS. (a) On request by an attorney for a
party by, for, or against whom a claim is asserted for damages
arising from an injury, a hospital or emergency medical services
provider shall as promptly as possible make available for the
attorney's examination its records concerning the services
provided to the injured individual.
(b) The hospital or emergency medical services provider may
issue reasonable rules for granting access to its records under
this section, but it may not deny access because a record is
incomplete.
(c) The records are admissible, subject to applicable rules of
evidence, in a civil suit arising from the injury.
Acts 1983, 68th Leg., p. 3564, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff.
Sept. 1, 2003.
State Codes and Statutes
Statutes >
Texas >
Property-code >
Title-5-exempt-property-and-liens >
Chapter-55-hospital-and-emergency-medical-services-liens PROPERTY CODE
TITLE 5. EXEMPT PROPERTY AND LIENS
SUBTITLE B. LIENS
CHAPTER 55. HOSPITAL AND EMERGENCY MEDICAL SERVICES LIENS
Sec. 55.001. DEFINITIONS. In this chapter:
(1) "Emergency medical services" has the meaning assigned by
Section 773.003, Health and Safety Code.
(2) "Emergency medical services provider" has the meaning
assigned by Section 773.003, Health and Safety Code.
(3) "Hospital" means a person or institution maintaining a
facility that provides hospital services in this state.
(4) "Person" does not include a county, common, or independent
school district.
Acts 1983, 68th Leg., p. 3562, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff.
Sept. 1, 2003.
Sec. 55.002. LIEN. (a) A hospital has 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. For the lien to attach, the
individual must be admitted to a hospital not later than 72 hours
after the accident.
(b) The lien extends to both the admitting hospital and a
hospital to which the individual is transferred for treatment of
the same injury.
(c) An emergency medical services 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 575,000 or less
for injuries caused by an accident that is attributed to the
negligence of another person. For the lien to attach, the
individual must receive the emergency medical services not later
than 72 hours after the accident.
Acts 1983, 68th Leg., p. 3562, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff.
Sept. 1, 2003.
Sec. 55.003. PROPERTY TO WHICH LIEN ATTACHES. (a) A lien under
this chapter attaches to:
(1) a cause of action for damages arising from an injury for
which the injured individual is admitted to the hospital or
receives emergency medical services;
(2) a judgment of a court in this state or the decision of a
public agency in a proceeding brought by the injured individual
or by another person entitled to bring the suit in case of the
death of the individual to recover damages arising from an injury
for which the injured individual is admitted to the hospital or
receives emergency medical services; and
(3) the proceeds of a settlement of a cause of action or a claim
by the injured individual or another person entitled to make the
claim, arising from an injury for which the injured individual is
admitted to the hospital or receives emergency medical services.
(b) The lien does not attach to:
(1) a claim under the workers' compensation law of this state,
the Federal Employees Liability Act, or the Federal Longshore and
Harbor Workers' Compensation Act; or
(2) the proceeds of an insurance policy in favor of the injured
individual or the injured individual's beneficiary or legal
representative, except public liability insurance carried by the
insured that protects the insured against loss caused by an
accident or collision.
(c) A hospital lien described by Section 55.002(a) 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.
Acts 1983, 68th Leg., p. 3562, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff.
Sept. 1, 2003.
Sec. 55.004. AMOUNT OF LIEN. (a) In this section, "emergency
hospital care" means health care services provided in a hospital
to evaluate, stabilize, and treat a serious medical problem of
recent onset or severity, including severe pain that would lead a
prudent layperson possessing an average knowledge of medicine and
health to believe that the condition, illness, or injury is of
such a nature that failure to obtain immediate medical care would
in all reasonable probability:
(1) seriously jeopardize the patient's health;
(2) seriously impair one or more bodily functions;
(3) seriously harm an organ or other part of the body;
(4) cause serious disfigurement; or
(5) in the case of a pregnant woman, seriously jeopardize the
health of the fetus.
(b) A hospital lien described by Section 55.002(a) is 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.
(c) A hospital lien described by Section 55.002(a) 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. At the request of the physician,
the hospital may act on the physician's behalf in securing and
discharging the lien.
(d) A hospital lien described by Section 55.002(a) does not
cover:
(1) charges for other services that exceed a reasonable and
regular rate for the services;
(2) charges by the physician related to any services provided
under Subsection (c) 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;
(3) charges by the physician for services provided under
Subsection (c) 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; or
(4) charges by the physician related to any services provided
under Subsection (c) if the physician is a member of the
legislature.
(e) A hospital lien described by Section 55.002(a) is not
affected by a hospital's use of a method of classifying patients
according to their ability to pay that is solely intended to
obtain a lien for services provided to an indigent injured
individual.
(f) An emergency medical services lien described by Section
55.002(c) is for the amount charged by the emergency medical
services provider, not to exceed $1,000, for emergency medical
services provided to the injured individual during the 72 hours
following the accident that caused the individual's injuries.
(g) An emergency medical services lien described by Section
55.002(c) does not cover:
(1) charges for services that exceed a reasonable and regular
rate for the services;
(2) charges by the emergency medical services provider related
to any services for which the emergency medical services provider
has accepted insurance benefits or payment under a private
medical indemnity plan or program, regardless of whether the
benefits or payments equal the full amount of the charges for
those services; or
(3) charges by the emergency medical services 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.
(h) If the physician is employed in that capacity by an
institution of higher education, as defined by Section 61.003,
Education Code, and the lien does not include the amount of the
physician's reasonable and necessary charges described by
Subsection (c), the physician has a lien on the cause of action
in the same manner as a hospital under this chapter. The lien is
subject to provisions of this chapter applicable to a hospital
lien, and the physician or the physician's employing institution
may secure and enforce the lien in the manner provided by this
chapter.
Acts 1983, 68th Leg., p. 3563, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2001, 77th Leg., ch. 930, Sec. 1, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 337, Sec. 1, eff. Sept.
1, 2003; Acts 2003, 78th Leg., ch. 1266, Sec. 1.16, eff. June 20,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 23.001(79), eff. September 1, 2005.
Sec. 55.005. SECURING LIEN. (a) To secure the lien, a hospital
or emergency medical services provider must file written notice
of the lien with the county clerk of the county in which the
services were provided. The notice must be filed before money is
paid to an entitled person because of the injury.
(b) The notice must contain:
(1) the injured individual's name and address;
(2) the date of the accident;
(3) the name and location of the hospital or emergency medical
services provider claiming the lien; and
(4) the name of the person alleged to be liable for damages
arising from the injury, if known.
(c) The county clerk shall record the name of the injured
individual, the date of the accident, and the name and address of
the hospital or emergency medical services provider and shall
index the record in the name of the injured individual.
Acts 1983, 68th Leg., p. 3563, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1995, 74th Leg., ch. 1031, Sec. 1, eff.
Aug. 28, 1995; Acts 2003, 78th Leg., ch. 337, Sec. 1, eff. Sept.
1, 2003.
Sec. 55.006. DISCHARGE OF LIEN. (a) To discharge a lien under
this chapter, the authorities of the hospital or emergency
medical services provider claiming the lien or the person in
charge of the finances of the hospital or emergency medical
services provider must execute and file with the county clerk of
the county in which the lien notice was filed a certificate
stating that the debt covered by the lien has been paid or
released and authorizing the clerk to discharge the lien.
(b) The county clerk shall record a memorandum of the
certificate and the date it was filed.
(c) The filing of the certificate and recording of the
memorandum discharge the lien.
Acts 1983, 68th Leg., p. 3564, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff.
Sept. 1, 2003.
Sec. 55.007. VALIDITY OF RELEASE. (a) A release of a cause of
action or judgment to which a lien under this chapter may attach
is not valid unless:
(1) the charges of the hospital or emergency medical services
provider claiming the lien were paid in full before the execution
and delivery of the release;
(2) the charges of the hospital or emergency medical services
provider claiming the lien were paid before the execution and
delivery of the release to the extent of any full and true
consideration paid to the injured individual by or on behalf of
the other parties to the release; or
(3) the hospital or emergency medical services provider claiming
the lien is a party to the release.
(b) A judgment to which a lien under this chapter has attached
remains in effect until the charges of the hospital or emergency
medical services provider claiming the lien are paid in full or
to the extent set out in the judgment.
Acts 1983, 68th Leg., p. 3564, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff.
Sept. 1, 2003.
Sec. 55.008. RECORDS. (a) On request by an attorney for a
party by, for, or against whom a claim is asserted for damages
arising from an injury, a hospital or emergency medical services
provider shall as promptly as possible make available for the
attorney's examination its records concerning the services
provided to the injured individual.
(b) The hospital or emergency medical services provider may
issue reasonable rules for granting access to its records under
this section, but it may not deny access because a record is
incomplete.
(c) The records are admissible, subject to applicable rules of
evidence, in a civil suit arising from the injury.
Acts 1983, 68th Leg., p. 3564, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff.
Sept. 1, 2003.
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