86R6923 LED-D
By: Schwertner S.B. No. 1215
A BILL TO BE ENTITLED
AN ACT
relating to 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. MEDICAL OR HEALTH CARE EXPENSES [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 trier of fact shall consider a claimant's failure to
seek reimbursement for medical or health care expenses that are
obligated to be paid on the claimant's behalf a failure to mitigate
the claimant's damages.
SECTION 2. Section 41.0105, Civil Practice and Remedies
Code, as amended by this Act, applies only to an action commenced on
or after the effective date of this Act. An action 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 September 1, 2019.