AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Due to an inconsistency and lack of clarity under Section 18.001 (Affidavit Concerning Cost and Necessity of Services), Civil Practice and Remedies Code, and Rule 902, Texas Rules of Evidence, practitioners often file medical records and medical billing information with the court prior to trial.  Medical records and medical billing information contain highly sensitive information and are voluminous in nature.  Thus, filing these records raises confidentiality concerns and overwhelms the court with unnecessary paperwork and filing. 

 

Further, the current expense affidavit in Section 18.002 (Form of Affidavit), Civil Practice and Remedies Code, is insufficient to prove medical expenses in light of a recent Supreme Court of Texas decision, which held that damages for medical expenses are only those medical expenses that are actually paid or to which the provider has a legal right to be paid. 

 

S.B. 679 clarifies that billing records are not required to be filed with the court under Section 18.001, Civil Practice and Remedies Code, and instructs the Supreme Court of Texas to amend Rule 902(10)(a), Texas Rules of Evidence, to provide that medical records and medical billing information attached to a business affidavit are not required to be filed with the court prior to trial.  It also harmonizes the expense affidavit in Section 18.002, Civil Practice and Remedies Code, with the recently adopted affidavit under Rule 902(c), Texas Rules of Evidence, reflecting the supreme court's recent ruling.

 

S.B. 679 amends current law relating to certain records and supporting affidavits filed as evidence in certain actions.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Supreme Court of Texas in SECTION 3 of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Sections 18.001(b) and (d), Civil Practice and Remedies Code, as follows:

 

(b) Provides that an affidavit that the amount a person charged for a service was reasonable at the time and place that the service was provided and that the service was necessary is sufficient evidence to support a finding of fact by judge or jury that the amount charged was reasonable or that the service was necessary, unless a controverting affidavit is served, rather than is filed, as provided by this section.

 

(d) Provides that the records attached to the affidavit, except as provided by the Texas Rules of Evidence, are not required to be filed with the clerk of the court before the trial commences.

 

SECTION 2.  Amends Section 18.002, Civil Practice and Remedies Code, by adding Subsections (b-1) and (b-2), as follows:

 

(b-1) Provides that an affidavit concerning proof of medical expenses, notwithstanding Subsection (b), is sufficient if it substantially complies with a certain form.  Sets forth the required form of the affidavit.

 

(b-2) Provides that the reference to a charge, if a medical bill or other itemized statement attached to an affidavit under Subsection (b-1) reflects that the charge is not recoverable, is not admissible.

 

SECTION 3.  Requires the Supreme Court of Texas, as soon as practicable after the effective date of this Act, to amend Rule 902(10), Texas Rules of Evidence, to provide that medical records and medical billing information otherwise attached to an affidavit made for the purpose of that rule and served with the affidavit on the other parties to the relevant action are not required to be filed with the court before the trial commences.

 

SECTION 4.  Makes application of the change in law made by this Act prospective.

 

SECTION 5.  Effective date: September 1, 2013.