Texas 2021 - 87th Regular

Texas Senate Bill SB207 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Schwertner, ~~et al.~~ S.B. No. 207
2		-	~~(Bonnen, Leach, et al.)~~
	1	+	By: Schwertner, Buckingham S.B. No. 207
	2	+	Campbell
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. EVIDENCE RELATING TO AMOUNT OF ECONOMIC
13	13		DAMAGES. (a) In addition to any other limitation under law,
14	14		recovery of medical or health care expenses in a civil action
15	15		[incurred] is determined in accordance with this section [limited
16	16		to the amount actually paid or incurred by or on behalf of the
17	17		claimant].
18	18		(b) In a civil action in which medical or health care
19	19		expenses are actually paid by the claimant, or on the claimant's
20	20		behalf, including amounts paid by a health benefit plan, workers'
21	21		compensation insurance, an employer-provided plan, Medicaid,
22	22		Medicare, or another insurer or governmental payor, a party may
23	23		introduce in evidence only the amounts actually paid to the medical
24	24		or health care facility or provider for the services provided to the
25	25		person whose injury or death is the subject of the action.
26	26		(c) In a civil action other than an action described by
27	27		Subsection (b), a party may introduce evidence that has a tendency
28	28		to prove the reasonable value of the necessary medical or health
29	29		care services provided to the person whose injury or death is the
30	30		subject of the action.
31	31		(d) In any civil action in which a claimant seeks recovery
32	32		of medical or health care expenses, a party may introduce in
33	33		evidence the amounts paid to a medical or health care facility or
34	34		provider for services provided to the person whose injury or death
35	35		is the subject of the action from a cafeteria plan or health savings
36	36		account or by any person to satisfy a copayment or deductible.
37	37		(e) In any civil action in which a claimant seeks recovery
38	38		of medical or health care expenses, the claimant shall disclose to
39	39		all parties any formal or informal agreement under which a medical
40	40		or health care facility or provider may wholly or partly refund,
41	41		rebate, or remit any amount of money or give anything of value to
42	42		the claimant or anyone associated with the claimant.
43	43		SECTION 2. Section 18.001, Civil Practice and Remedies
44	44		Code, is amended by amending Subsections (b), (e), (e-1), (h), and
45	45		(i) and adding Subsections (b-1) and (b-2) to read as follows:
46	46		(b) Unless notice of intent to controvert the
47	47		reasonableness of the amounts charged or the necessity for medical
48	48		or health care services [a controverting affidavit] is served as
49	49		provided by this section, an affidavit complying with this section
50	50		and stating that the amount a person charged for a service was
51	51		reasonable at the time and place that the service was provided and
52	52		that the service was necessary is sufficient evidence to support a
53	53		finding of fact by judge or jury that the amount charged was
54	54		reasonable or that the service was necessary.
55	55		(b-1) Except as provided by Section 18.0011, an affidavit
56	56		served under Subsection (b) has no effect except to prove the
57	57		authenticity of the medical or health care records described by the
58	58		affidavit if notice of intent to controvert the reasonableness of
59	59		the amounts charged or necessity for medical or health care
60	60		services is served as provided by this section.
61	61		(b-2) An [The] affidavit served under Subsection (b) is not
62	62		evidence of and does not support a finding of the causation element
63	63		of the cause of action that is the basis for the civil action.
64	64		(e) A party intending to controvert the reasonableness of
65	65		the amounts charged or necessity for medical or health care
66	66		services [a claim reflected by the affidavit] must serve notice of
67	67		that intent [a copy of the counteraffidavit] on each other party or
68	68		the party's attorney of record by the earlier of:
69	69		(1) 120 days after the date the defendant files its
70	70		answer;
71	71		(2) the date the party serving notice [offering the
72	72		counteraffidavit] must designate expert witnesses under a court
73	73		order; or
74	74		(3) the date the party serving notice [offering the
75	75		counteraffidavit] must designate any expert witness as required by
76	76		the Texas Rules of Civil Procedure.
77	77		(e-1) Notwithstanding Subsection (e), if the party offering
78	78		the affidavit [in evidence] serves a copy of the affidavit under
79	79		Subsection (d-1), notice of intent to controvert the reasonableness
80	80		of the amounts charged or necessity for medical or health care
81	81		services must be served [the party offering the counteraffidavit in
82	82		evidence or the party's attorney must serve a copy of the
83	83		counteraffidavit] on each other party to the case by the later of:
84	84		(1) 30 days after service of the affidavit on the party
85	85		serving notice [offering the counteraffidavit in evidence];
86	86		(2) the date the party serving notice [offering the
87	87		counteraffidavit] must designate any expert witness under a court
88	88		order; or
89	89		(3) the date the party serving notice [offering the
90	90		counteraffidavit in evidence] must designate any expert witness as
91	91		required by the Texas Rules of Civil Procedure.
92	92		(h) If continuing services are provided after a relevant
93	93		deadline under this section:
94	94		(1) a party may supplement an affidavit served by the
95	95		party under Subsection (d) or (d-1) on or before the 60th day before
96	96		the date the trial commences; and
97	97		(2) a party that served notice [a counteraffidavit]
98	98		under Subsection (e) or (e-1) may serve notice related to the
99	99		supplemental affidavit [supplement the counteraffidavit] on or
100	100		before the 30th day before the date the trial commences.
101	101		(i) Notwithstanding Subsections (d), (d-1), (d-2), (e),
102	102		(e-1), [(g),] and (h), a deadline under this section may be altered
103	103		by all parties to an action by agreement or with leave of the court.
104	104		SECTION 3. Subchapter A, Chapter 18, Civil Practice and
105	105		Remedies Code, is amended by adding Section 18.0011 to read as
106	106		follows:
107	107		Sec. 18.0011. AFFIDAVIT OF HEALTH CARE FACILITY OR
108	108		PROVIDER. (a) A party may not controvert the reasonableness of the
109	109		charges for medical or health care services stated in an affidavit
110	110		served under Section 18.001 by or on behalf of a health care
111	111		facility or provider if the affidavit states one of the following
112	112		amounts as reasonable charges for the necessary medical or health
113	113		care services provided by the facility or provider to the person
114	114		whose injury or death is the subject of the civil action:
115	115		(1) amounts actually received by the facility or
116	116		provider from or on behalf of the claimant, including amounts
117	117		received from a health benefit plan, workers' compensation
118	118		insurance, an employer-provided plan, Medicaid, Medicare, or
119	119		another insurer or governmental payor, for each medical or health
120	120		care service provided by the facility or provider; or
121	121		(2) amounts that, on the date the service was
122	122		provided, do not exceed 150 percent of the maximum allowable
123	123		reimbursement for each medical or health care service provided as
124	124		determined by the commissioner of workers' compensation in
125	125		accordance with Section 413.011, Labor Code.
126	126		(b) If an affidavit served by a health care facility or
127	127		provider under Section 18.001 complies with Subsection (a) and
128	128		includes a statement that the facility or provider does not intend
129	129		to appear at trial to testify regarding the reasonableness of the
130	130		facility's or provider's charges or the necessity for the facility's
131	131		or provider's services, then:
132	132		(1) a party may not seek to obtain through any pretrial
133	133		discovery procedure information from the facility or provider about
134	134		the reasonableness of the facility's or provider's charges or the
135	135		necessity for the facility's or provider's services; and
136	136		(2) the trial court shall exclude trial testimony by
137	137		the facility or provider regarding the reasonableness of the
138	138		facility's or provider's charges or the necessity for the facility's
139	139		or provider's services unless:
140	140		(A) the court finds there is good cause to allow
141	141		the testimony;
142	142		(B) the testimony will not unfairly surprise or
143	143		unfairly prejudice any party to the civil action; and
144	144		(C) a party opposing admission of the testimony
145	145		into evidence is given a reasonable opportunity to develop and
146	146		present evidence relevant to the testimony to be offered by the
147	147		facility or provider.
148	148		(c) An affidavit served by a health care facility or
149	149		provider under Subsection (a) and the statements made in the
150	150		affidavit may be used only in the civil action in which the
151	151		affidavit is served and not in other actions or for other purposes.
152	152		SECTION 4. Sections 18.001(f) and (g), Civil Practice and
153	153		Remedies Code, are repealed.
154	154		SECTION 5. The changes in law made by this Act apply only to
155	155		an action commenced on or after the effective date of this Act. An
156	156		action commenced before the effective date of this Act is governed
157	157		by the law applicable to the action immediately before the
158	158		effective date of this Act, and that law is continued in effect for
159	159		that purpose.
160	160		SECTION 6. This Act takes effect immediately if it receives
161	161		a vote of two-thirds of all the members elected to each house, as
162	162		provided by Section 39, Article III, Texas Constitution. If this
163	163		Act does not receive the vote necessary for immediate effect, this
164	164		Act takes effect September 1, 2021.