Texas House Bill HB2925

Texas 2021 - 87th Regular

Caption

Relating to affidavits concerning cost and necessity of services in civil actions.

Impact

The implications of this bill could lead to more efficient hearings in civil cases, as the removal of the affidavit requirement could reduce the amount of documentation needed for proceedings involving lower-cost medical services. This change will likely enable more claimants to seek justice in civil actions without being deterred by complex evidentiary requirements. However, the bill applies only to cases that commence after its effective date, September 1, 2021, thus potentially benefiting new claimants while older cases remain unaffected by this legislative change.

Summary

House Bill 2925 seeks to amend the Civil Practice and Remedies Code concerning the evidentiary requirements in civil actions involving medical fees. The bill proposes that if a claimant submits a medical bill or an itemized statement totaling $50,000 or less, an accompanying affidavit proving the reasonableness of the charges or the necessity of the services is no longer required. This change aims to streamline the legal process in civil cases related to medical expenses, making it easier for claimants to present their cases without the additional burden of providing affidavits.

Contention

While there may be expectations for increased efficiency, there are concerns from some stakeholders regarding the potential for abuse or frivolous claims. Opponents of the bill may argue that the lack of an affidavit could lead to higher incidences of disputes regarding the necessity or reasonableness of claims presented in civil court. Therefore, while the legislation seeks to simplify processes, it balances closely against the need for checks and balances within the judicial review of medical claims.