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.