By Haywood S.B. No. 1817
75R3845 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to future medical expenses in civil suits.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle C, Title 2, Civil Practice and Remedies
1-5 Code, is amended by adding Chapter 46 to read as follows:
1-6 CHAPTER 46. FUTURE MEDICAL EXPENSES
1-7 Sec. 46.001. DEFINITIONS. In this chapter:
1-8 (1) "Claimant" means a party seeking recovery of
1-9 future medical expenses, including a plaintiff, counterclaimant,
1-10 crossclaimant, or third-party plaintiff.
1-11 (2) "Defendant" includes any party from whom a
1-12 claimant seeks recovery of future medical expenses.
1-13 Sec. 46.002. SCOPE OF CHAPTER. This chapter applies to any
1-14 civil action in which a claimant seeks future medical expenses.
1-15 Sec. 46.003. EVIDENCE OF FUTURE MEDICAL EXPENSES REQUIRED.
1-16 (a) A court may not enter a judgment that includes an award for
1-17 future medical expenses for the claimant unless the claimant has
1-18 introduced evidence showing that:
1-19 (1) there is a medical condition from which the
1-20 claimant is likely to suffer in the future; and
1-21 (2) the medical condition is likely to require paid
1-22 treatment to relieve or cure the condition.
1-23 (b) The showing required by Subsection (a) may be made by an
1-24 affidavit as provided by Section 46.004 or by other evidence
2-1 introduced at the trial of the case.
2-2 Sec. 46.004. AFFIDAVITS RELATING TO FUTURE MEDICAL EXPENSES.
2-3 (a) Unless a controverting affidavit is filed as provided by this
2-4 section, an affidavit making the showing required by Section 46.003
2-5 is sufficient to support an award by the trier of fact of future
2-6 medical expenses.
2-7 (b) A claimant offering an affidavit to support an award of
2-8 future medical expenses must file the affidavit with the clerk of
2-9 the court and serve a copy on each other party to the case at least
2-10 30 days before the date on which evidence is first presented at the
2-11 trial of the case.
2-12 (c) A defendant intending to controvert an affidavit offered
2-13 by the claimant to support an award of future medical expenses must
2-14 file a counteraffidavit with the clerk of the court and serve a
2-15 copy on each other party or the party's attorney of record:
2-16 (1) not later than the earlier of:
2-17 (A) 30 days after the date the defendant
2-18 receives a copy of the affidavit offered by the claimant; or
2-19 (B) 14 days before the date on which evidence is
2-20 first presented at the trial of the case; or
2-21 (2) with leave of the court, at any time before
2-22 evidence is first presented by the defendant at the trial of the
2-23 case.
2-24 (d) An affidavit or counteraffidavit must:
2-25 (1) be taken before a person authorized to administer
2-26 oaths; and
2-27 (2) be made by a person who is qualified, by
3-1 knowledge, skill, experience, training, education, or other
3-2 expertise, to testify relating to the matter contained in the
3-3 affidavit.
3-4 Sec. 46.005. FORMS OF PAYMENT. (a) A court shall require
3-5 that any future medical expenses awarded in a settlement or
3-6 judgment be paid in the manner provided by this section.
3-7 (b) Subject to this section, the claimant or defendant may
3-8 petition the court to award future medical expenses in the form of:
3-9 (1) an insurance policy;
3-10 (2) annual payments made to an escrow account; or
3-11 (3) a lump sum payment.
3-12 (c) A court may not award future medical expenses in the
3-13 form of a lump sum payment unless it is shown that the expenses
3-14 will be incurred on or before the first anniversary of the date of
3-15 the award.
3-16 (d) If future medical expenses are paid through an insurance
3-17 policy as part of a settlement, the parties shall compute the value
3-18 of the coverage as part of the aggregate value of the settlement.
3-19 (e) A court that approves the payment of future medical
3-20 expenses in the form of annual payments shall provide that:
3-21 (1) the annual payments are to extend over a period of
3-22 five years;
3-23 (2) the payments are made into an escrow account from
3-24 which the claimant may draw to cover medical expenses related to
3-25 the injury;
3-26 (3) the attorney for the claimant manages the account;
3-27 (4) the claimant must provide notice to the defendant
4-1 or a designated representative of the defendant of a claim to draw
4-2 on the account;
4-3 (5) a claim to draw on the account may be disputed as
4-4 provided by Subsection (f); and
4-5 (6) the court may accelerate payments to the escrow
4-6 account on a finding that the claimant's medical condition requires
4-7 accelerated payments.
4-8 (f) The defendant or designated representative of the
4-9 defendant, including an insurance company, may dispute a claim to
4-10 draw from the account before the 31st day after the date the
4-11 defendant or representative receives notice of the claim. The
4-12 defendant or representative of the defendant may contest the claim
4-13 in a district court or by alternative methods of dispute resolution
4-14 agreed to by the parties.
4-15 SECTION 2. This Act takes effect September 1, 1997, and
4-16 applies only to a cause of action that accrues on or after that
4-17 date. An action that accrued before the effective date of this Act
4-18 is governed by the law applicable to the action immediately before
4-19 the effective date of this Act, and that law is continued in effect
4-20 for that purpose.
4-21 SECTION 3. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.