HBA-MSH H.B. 1331 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1331 By:Ellis, Dan Civil Practices 3/9/2001 Introduced 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 they 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. House Bill 1331 authorizes an emergency medical services provider to secure a lien for care and services rendered. 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 House Bill 1331 amends the Property Code to provide that an emergency medical services provider has a lien on a cause of action or claim of an individual who receives emergency medical services 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 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 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, except that the lien does not cover charges that exceed a reasonable and regular rate for the services. EFFECTIVE DATE September 1, 2001.