| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 86R6923 LED-D | |
| 2 | 2 | By: Schwertner S.B. No. 1215 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to recovery of medical or health care expenses in civil | |
| 8 | 8 | actions. | |
| 9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Section 41.0105, Civil Practice and Remedies | |
| 11 | 11 | Code, is amended to read as follows: | |
| 12 | 12 | Sec. 41.0105. MEDICAL OR HEALTH CARE EXPENSES [EVIDENCE | |
| 13 | 13 | RELATING TO AMOUNT OF ECONOMIC DAMAGES]. (a) In addition to any | |
| 14 | 14 | other limitation under law, recovery of medical or health care | |
| 15 | 15 | expenses incurred is limited to the amount actually paid or | |
| 16 | 16 | incurred by or on behalf of the claimant. | |
| 17 | 17 | (b) The trier of fact shall consider a claimant's failure to | |
| 18 | 18 | seek reimbursement for medical or health care expenses that are | |
| 19 | 19 | obligated to be paid on the claimant's behalf a failure to mitigate | |
| 20 | 20 | the claimant's damages. | |
| 21 | 21 | SECTION 2. Section 41.0105, Civil Practice and Remedies | |
| 22 | 22 | Code, as amended by this Act, applies only to an action commenced on | |
| 23 | 23 | or after the effective date of this Act. An action commenced before | |
| 24 | 24 | the effective date of this Act is governed by the law applicable to | |
| 25 | 25 | the action immediately before the effective date of this Act, and | |
| 26 | 26 | that law is continued in effect for that purpose. | |
| 27 | 27 | SECTION 3. This Act takes effect September 1, 2019. |