This firm represents St. David’s South Austin Medical Center (the “Hospital”) in the above-referenced matter. In your June 29, 2016 letter, you contend that the hospital lien filed in regard to the services your client received at the Hospital’s emergency department (“ED”) on March 17, 2016 was fraudulent because Mr. Smith was never “admitted” to the Hospital. Be advised that the Hospital disagrees with your position, as it is a misapplication of Chapter 55 of the Texas Property Code.
Section 55.002(a) states that for a lien to attach, the individual must be “admitted to a hospital.” Importantly, the term “admitted to a hospital” is not limited or restricted in Chapter 55 to any particular type of admission, such as an inpatient admission, ED admission, or an outpatient admission. To the contrary, Chapter 55 places no restriction on the term “admission” and defines the term “hospital” in a broad manner to include all “hospital services,” and not just “inpatient hospital services.” See Section 55.001(3). Had the Texas Legislature desired to restrict a hospital lien to only inpatient hospital admissions, it would have so stated in the statute. For example, with respect to a lien in favor of an “emergency medical service provider” (i.e., an ambulance), the Legislature …show more content…
What you fail to recognize is that the limitation on county size, which is found in Section 55.002(c), applies only to an “emergency medical service provider” (i.e., an ambulance). This same restriction is not found in Section 55.002(a), which addresses liens on hospital admissions. It also does not appear Section 55.003, which states that a lien attaches to a cause of action arising from injury for which the individual is (1) admitted to the hospital or (2) receives emergency medical
Section 55.002(a) states that for a lien to attach, the individual must be “admitted to a hospital.” Importantly, the term “admitted to a hospital” is not limited or restricted in Chapter 55 to any particular type of admission, such as an inpatient admission, ED admission, or an outpatient admission. To the contrary, Chapter 55 places no restriction on the term “admission” and defines the term “hospital” in a broad manner to include all “hospital services,” and not just “inpatient hospital services.” See Section 55.001(3). Had the Texas Legislature desired to restrict a hospital lien to only inpatient hospital admissions, it would have so stated in the statute. For example, with respect to a lien in favor of an “emergency medical service provider” (i.e., an ambulance), the Legislature …show more content…
What you fail to recognize is that the limitation on county size, which is found in Section 55.002(c), applies only to an “emergency medical service provider” (i.e., an ambulance). This same restriction is not found in Section 55.002(a), which addresses liens on hospital admissions. It also does not appear Section 55.003, which states that a lien attaches to a cause of action arising from injury for which the individual is (1) admitted to the hospital or (2) receives emergency medical