By: Hinojosa S.B. No. 1119
(In the Senate - Filed February 24, 2009; March 13, 2009,
read first time and referred to Committee on State Affairs;
March 25, 2009, reported favorably by the following vote: Yeas 5,
Nays 4; March 25, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the recovery of medical or health care expenses in civil
actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 41.0105, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 41.0105. EVIDENCE RELATING TO AMOUNT OF ECONOMIC
DAMAGES. (a) In addition to any other limitation under law,
recovery of medical or health care expenses incurred is limited to
the amount actually paid or incurred by or on behalf of the
claimant.
(b) This section applies only to a health care liability
claim under Chapter 74.
(c) This section does not apply to a claim for future
medical or health care expenses.
SECTION 2. This Act applies only to an action commenced on
or after the effective date of this Act. An action that is
commenced before the effective date of this Act is governed by the
law applicable to the action immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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