Sec. 55.007. VALIDITY OF RELEASE. (a) A release of a cause of action or judgment to which a lien under this chapter may attach is not valid unless:
(1) the charges of the hospital or emergency medical services provider claiming the lien were paid in full before the execution and delivery of the release;
(2) the charges of the hospital or emergency medical services provider claiming the lien were paid before the execution and delivery of the release to the extent of any full and true consideration paid to the injured individual by or on behalf of the other parties to the release; or
(3) the hospital or emergency medical services provider claiming the lien is a party to the release.
(b) A judgment to which a lien under this chapter has attached remains in effect until the charges of the hospital or emergency medical services provider claiming the lien are paid in full or to the extent set out in the judgment.
Acts 1983, 68th Leg., p. 3564, 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
Allstate Indem. Co. v. Mem'l Herman Health Sys., 437 S.W.3d 570 (Tex. App. 2014).
“at 541 (citing Tex. Prop.Code § 55.007(a)). The Court went on to comment that, “[b]ecause the Legislature specified a remedy for failure to properly satisfy a hospital lien, and did not include a concomitant cause of action for enforcement, we question the propriety of reading…”
McAllen Hospitals, L.P. v. State Farm Cnty. Mut. Ins. Co., 433 S.W.3d 575 (Tex. App. 2012).
· cites it 2× “Texas Hospital and Emergency Medical Service Liens Statutes Under Chapter 55 of the Texas Property Code, a hospital may hold 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…”
Texas Health Harris Methodist Hosp. Fort Worth v. Stephen Featherly, 648 S.W.3d 556 (Tex. App. 2022).
· cites it 2× “Moreover, as discussed in more detail below, the hospital lien statute provides that before Featherly could offer a valid release and thereby obtain a settlement in the personal injury suit, it was Featherly’s responsibility to either pay the Hospital’s charges or to facilitate…”
Tex. Prop. Code § 55.007(a): 4 cases
Allstate Indem. Co. v. Mem'l Herman Health Sys., 437 S.W.3d 570 (Tex. App. 2014).
“at 541 (citing Tex. Prop.Code § 55.007(a)). The Court went on to comment that, “[b]ecause the Legislature specified a remedy for failure to properly satisfy a hospital lien, and did not include a concomitant cause of action for enforcement, we question the propriety of reading…”
Tex. Prop. Code § 55.007(a)(2): 3 cases
McAllen Hospitals, L.P. v. State Farm Cnty. Mut. Ins. Co., 433 S.W.3d 575 (Tex. App. 2012).
“Texas Hospital and Emergency Medical Service Liens Statutes Under Chapter 55 of the Texas Property Code, a hospital may hold 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…”
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