85R5736 AJA-F
By: Schofield H.B. No. 2300
A BILL TO BE ENTITLED
AN ACT
relating to the recovery in a civil action of medical or health care
expenses as economic damages.
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. RECOVERY OF MEDICAL OR HEALTH CARE EXPENSES
AS [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) The amount actually paid or incurred by or on behalf of
the claimant for medical or health care expenses incurred for
treatment by a physician is limited to the amount the treating
physician normally would be paid for similar services in a
nonlitigation context, determined as follows to the extent
applicable:
(1) if the claimant was covered by health insurance or
any other form of health benefits, including workers' compensation,
Medicare, or Medicaid, that would pay or reimburse the expenses and
the claimant accessed those benefits in obtaining the services, the
amount actually paid or incurred by or on behalf of the claimant is
limited to the amount that the payor of the benefits paid or would
pay for the services plus any cost-sharing amount for which the
claimant is responsible, up to the allowed amount on which the
payor's payment is or would be based; or
(2) if the claimant did not have health benefits
described by Subdivision (1) or did not access those benefits in
obtaining the services, the amount actually paid or incurred by or
on behalf of the claimant is limited to 125 percent of the Medicare
reimbursement rate for the services.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrued before the effective date
of this Act is governed by the law applicable to the cause of 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 September 1, 2017.