Texas House Bill HB2300

Texas 2017 - 85th Regular

Caption

Relating to the recovery in a civil action of medical or health care expenses as economic damages.

Impact

This legislative change has implications for how victims in civil cases can claim damages related to medical expenses. It not only clarifies the limits of recovery but also introduces a two-tier system based on the availability of health insurance. If a claimant has used health insurance, their recoverable expenses are capped at the amount paid by the insurer, allowing for any co-pays. Conversely, those without insurance can claim expenses up to 125 percent of the Medicare reimbursement rate. These provisions aim to reduce the unpredictability associated with medical damages in civil litigation.

Summary

House Bill 2300 is an amendment to the Civil Practice and Remedies Code that specifically addresses the recovery of medical or health care expenses as economic damages in civil actions. Under this bill, the recovery of such expenses is limited to the actual amount paid or incurred by the claimant for medical treatment. The provisions seek to establish a clear framework for what can be considered recoverable economic damages related to health care expenses by stipulating specific conditions under which these expenses are deemed recoverable.

Contention

There are notable points of contention surrounding the bill. Supporters argue that this amendment creates fairness and predictability in civil claims, potentially reducing frivolous lawsuits where medical costs are exaggerated or inflated. However, critics may voice concerns that the limitations on recoverable amounts could unfairly disadvantage claimants who legitimately incur high medical expenses, notably those without insurance or with minimal coverage. The amendment's approach could thus be seen as part of a larger trend of pushing for tort reform that some believe protects the interests of defendants at the expense of plaintiffs.