Texas Senate Bill SB1215

Texas 2019 - 86th Regular

Caption

Relating to recovery of medical or health care expenses in civil actions.

Impact

The impact of SB1215 on state law is significant as it establishes clearer guidelines for how medical expenses can be claimed within the legal system. By stating that only the amounts actually paid or incurred by a claimant are recoverable, the bill is expected to reduce the number of speculative claims that could arise due to variable medical billing practices. Additionally, this legislation could lead to decreased liability for defendants in civil actions, as they will now face restricted financial exposure regarding health care costs claimed by plaintiffs.

Summary

Senate Bill 1215 amends the Civil Practice and Remedies Code of Texas, specifically Section 41.0105, which addresses the recovery of medical or health care expenses in civil actions. The bill stipulates that claimants can only recover the amount of medical or health care expenses that have actually been paid or incurred on their behalf. This change aims to streamline the process of calculating economic damages related to medical expenses, ensuring that only verifiable costs are considered in court proceedings. By establishing concretized limits on recoverable expenses, the bill presents a more predictable framework for dispute resolution in civil cases involving health care costs.

Contention

While SB1215 may enhance clarity and reduce litigation costs related to economic damages in civil actions, it could also be a point of contention among various stakeholders. Critics may argue that limiting the claims for medical expenses could adversely affect individuals who rely on comprehensive coverage for their health needs, particularly in cases where coverage must be substantiated prior to the recovery of costs. As a result, there could be debates regarding the fairness of such limitations, especially among proponents advocating for the rights of those who suffer extensive health care expenses due to negligence or other liabilities.