Bill Text: TX HB2300 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the recovery in a civil action of medical or health care expenses as economic damages.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-15 - Referred to Judiciary & Civil Jurisprudence [HB2300 Detail]
Download: Texas-2017-HB2300-Introduced.html
85R5736 AJA-F | ||
By: Schofield | H.B. No. 2300 |
|
||
|
||
relating to the recovery in a civil action of medical or health care | ||
expenses as economic damages. | ||
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. RECOVERY OF MEDICAL OR HEALTH CARE EXPENSES | ||
AS [ |
||
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 amount actually paid or incurred by or on behalf of | ||
the claimant for medical or health care expenses incurred for | ||
treatment by a physician is limited to the amount the treating | ||
physician normally would be paid for similar services in a | ||
nonlitigation context, determined as follows to the extent | ||
applicable: | ||
(1) if the claimant was covered by health insurance or | ||
any other form of health benefits, including workers' compensation, | ||
Medicare, or Medicaid, that would pay or reimburse the expenses and | ||
the claimant accessed those benefits in obtaining the services, the | ||
amount actually paid or incurred by or on behalf of the claimant is | ||
limited to the amount that the payor of the benefits paid or would | ||
pay for the services plus any cost-sharing amount for which the | ||
claimant is responsible, up to the allowed amount on which the | ||
payor's payment is or would be based; or | ||
(2) if the claimant did not have health benefits | ||
described by Subdivision (1) or did not access those benefits in | ||
obtaining the services, the amount actually paid or incurred by or | ||
on behalf of the claimant is limited to 125 percent of the Medicare | ||
reimbursement rate for the services. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a cause of action that accrues on or after the effective date of | ||
this Act. A cause of action that accrued before the effective date | ||
of this Act is governed by the law applicable to the cause of 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, 2017. |