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.