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.