83R6084 AJA-D
By: Hughes H.B. No. 1465
A BILL TO BE ENTITLED
AN ACT
relating to the filing of certain medical and health care
information as evidence in a civil action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 18, Civil Practice and
Remedies Code, is amended by adding Sections 18.003 and 18.004 to
read as follows:
Sec. 18.003. ADMISSIBILITY OF MEDICAL AND HEALTH CARE
RECORDS. (a) In this section, "medical or health care record"
includes a medical or health care billing record.
(b) Notwithstanding any provision of the Texas Rules of
Evidence, a medical or health care record may not be required to be
filed with a court before a trial commences in order to exempt the
record from a requirement to provide extrinsic evidence of
authenticity as a condition precedent to admissibility of the
record if:
(1) an affidavit of the custodian of the record or
other qualified witness is filed in accordance with the Texas Rules
of Evidence to authenticate the record as a record of a regularly
conducted activity; and
(2) the affidavit and the record that is the subject of
the affidavit are served on the other parties to the action in the
manner contemplated by Rule 21a, Texas Rules of Civil Procedure, on
or before the date on which the affidavit is filed with the court.
(c) If an objection to the admissibility of the record is
not made before the trial commences, objections to the record's
admissibility are considered waived and the record shall be filed
with the court when the trial commences.
(d) Notwithstanding Section 22.004, Government Code, the
supreme court may not amend or adopt rules in conflict with this
section.
Sec. 18.004. RELEASE OF MEDICAL AND HEALTH CARE RECORDS.
After the final disposition of an action in which a medical or
health care record, including a medical or health care billing
record, is filed as evidence with a court, whether filed for the
purposes of Section 18.004 or otherwise, the court shall release
the record to the party that submitted the record on that party's
request.
SECTION 2. Sections 18.003 and 18.004, Civil Practice and
Remedies Code, as added by this Act, apply only to the admissibility
and release of evidence in an action that commences on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2013.