Texas Senate Bill SB679

Texas 2013 - 83rd Regular

Caption

Relating to certain records and supporting affidavits filed as evidence in certain actions.

Impact

This bill significantly impacts how medical expense claims are processed in civil court by streamlining the evidence process involving medical billing. With the new provisions, the burden of proof shifts somewhat towards the services provider, who can rely on a standard format affidavit that details the service, the charge, and the necessity of those services. Moreover, unnecessary delays in trial proceedings may be minimized, benefiting both plaintiffs and defendants by allowing for faster resolutions in civil cases involving medical expenses.

Summary

Senate Bill 679 seeks to amend various sections of the Civil Practice and Remedies Code relating to the evidentiary value of affidavits in court. Specifically, it addresses the presentation of certain records and supporting affidavits as evidence in legal actions concerning payment for medical services. The bill allows for affidavits stating that the amount charged for services was reasonable at the time the services were rendered to be sufficient for judges or juries to accept those claims as valid without requiring additional evidence if no controverting affidavit is presented by the opposing party.

Contention

While SB679 aims to clarify and expedite legal proceedings, there are potential points of contention. Critics may argue that this bill could favor service providers, as it may allow them to present claims of reasonable charges without the necessity of disclosing detailed billing records upfront. This might lead to cases where debtors are left with less opportunity to dispute charges they deem excessive or unwarranted. Additionally, there are concerns about how tightly the bill defines 'necessary services,' which may leave room for interpretation in different contexts, affecting consumers who may not fully understand their rights under the new regulations.