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.
Notes of Decisions
Columbia Rio Grande Reg'l Hosp. v. Stover, 17 S.W.3d 387 (Tex. App.—Corpus Christi 2000).
“A hospital lien attaches to a cause of action for damages arising from an injury for which the hospital provided treatment, as well as to any proceeds from settlement of that action or *390 the underlying claim brought by the injured individual or another person entitled to make…”
Methodist Hospitals of Dallas v. Mid-Century Ins. Co. of Texas, 259 S.W.3d 358 (Tex. App.—Dallas 2008).
“See Tex. PRop.Code Ann. § 55.003. It is by comparing the date and the name of the responsible party, if known, that one can determine whether the accident made the subject of the legal claims is the same as the accident made the subject of the hen.”
Hermann Hosp. v. Martinez, 990 S.W.2d 476 (Tex. App.—Houston [14th Dist.] 1999).
“” Tex. Prop.Code ANN. § 55.002(a) (Vernon 1995).”
Allstate Indem. Co. v. Mem'l Herman Health Sys., 437 S.W.3d 570 (Tex. App.—Houston [14th Dist.] 2014).
“See Tex. Prop.Code § 55.003(b)(2) (providing that a hospital lien attaches to “public liability insurance carried by the insured that protects the insured against loss caused by an accident or collision”).”
in Re North Cypress Med. Ctr. Operating Co., Ltd., No. 16-0851 (Tex. Nov. 16, 2018).
“TEX. PROP. CODE § 55.003(a)(3). We have noted that the statute “is replete with language that the hospital recover the full amount of its lien, subject only to the right to question the reasonableness of the charges comprising the lien.”
Tex. Prop. Code § 55.003(a): 5 cases
Hermann Hosp. v. Martinez, 990 S.W.2d 476 (Tex. App.—Houston [14th Dist.] 1999).
“” Tex. Prop.Code ANN. § 55.002(a) (Vernon 1995).”
Tex. Prop. Code § 55.003(a)(3): 3 cases
in Re North Cypress Med. Ctr. Operating Co., Ltd., No. 16-0851 (Tex. Nov. 16, 2018).
“TEX. PROP. CODE § 55.003(a)(3). We have noted that the statute “is replete with language that the hospital recover the full amount of its lien, subject only to the right to question the reasonableness of the charges comprising the lien.”
Tex. Prop. Code § 55.003(b)(2): 1 case
Allstate Indem. Co. v. Mem'l Herman Health Sys., 437 S.W.3d 570 (Tex. App.—Houston [14th Dist.] 2014).
“See Tex. Prop.Code § 55.003(b)(2) (providing that a hospital lien attaches to “public liability insurance carried by the insured that protects the insured against loss caused by an accident or collision”).”
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