Texas Hospital & Emergency Medical Services Lien Statute (Property Code Chapter 55)
Summary of the Texas Rule (Tex. Prop. Code §§ 55.001–55.008)
Grants hospitals (upon inpatient admission within 72 hours) and small-county EMS providers (in counties of 800,000 or fewer residents) a statutory lien against third-party personal injury settlements, subject to strict caps introduced in 2019.
Statutory Text Summary & Legal Mechanics
Under § 55.002(a), a hospital has a lien on a cause of action of an individual who receives hospital services for injuries caused by an accident attributed to the negligence of another ONLY IF the individual is admitted to the hospital not later than 72 hours after the accident. Under § 55.004(b) (as amended in 2019), a hospital lien is capped at the lesser of: (1) the amount of the hospital's charges for services provided during the first 100 days of hospitalization; or (2) 50 percent of all amounts recovered by the injured individual through a cause of action, judgment, or settlement (or the regular and reasonable rate).
Practical Impact on Texas Personal Injury Claims & Jury Trials
Crucial Chapter 55 Protections for Texas Claimants: (1) An emergency room visit WITHOUT formal inpatient admission does NOT support a valid Chapter 55 hospital lien (except for an ER physician's narrow billing right in certain facilities under § 55.004(c)); (2) under § 55.003(b), a hospital lien NEVER attaches to Texas UM/UIM coverage, PIP coverage, MedPay, workers' comp, or a wrongful death claim (Tarrant County Hospital Dist. v. Jones, 664 S.W.2d 191 (Tex. App.—Fort Worth 1984)); and (3) the hospital must record written notice with the County Clerk of the county where services were provided BEFORE the settlement is paid (§ 55.005).
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