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A BILL TO BE ENTITLED
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AN ACT
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relating to certain records and supporting affidavits filed as |
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evidence in certain actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (b) and (d), Section 18.001, Civil |
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Practice and Remedies Code, are amended to read as follows: |
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(b) Unless a controverting affidavit is served [filed] as |
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provided by this section, an affidavit that the amount a person |
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charged for a service was reasonable at the time and place that the |
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service was provided and that the service was necessary is |
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sufficient evidence to support a finding of fact by judge or jury |
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that the amount charged was reasonable or that the service was |
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necessary. |
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(d) The party offering the affidavit in evidence or the |
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party's attorney must serve a copy of the affidavit on each other |
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party to the case at least 30 days before the day on which evidence |
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is first presented at the trial of the case. Except as provided by |
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the Texas Rules of Evidence, the records attached to the affidavit |
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are not required to be filed with the clerk of the court before the |
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trial commences. |
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SECTION 2. Section 18.002, Civil Practice and Remedies |
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Code, is amended by adding Subsections (b-1) and (b-2) to read as |
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follows: |
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(b-1) Notwithstanding Subsection (b), an affidavit |
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concerning proof of medical expenses is sufficient if it |
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substantially complies with the following form: |
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Affidavit of Records Custodian of |
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____________________________________________ |
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STATE OF TEXAS § |
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§ |
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COUNTY OF _____________________§ |
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Before me, the undersigned authority, personally appeared |
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__________, who, being by me duly sworn, deposed as follows: |
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My name is ___________________________________. I am of |
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sound mind and capable of making this affidavit, and personally |
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acquainted with the facts herein stated. |
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I am a custodian of records for __________. Attached to this |
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affidavit are records that provide an itemized statement of the |
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service and the charge for the service that __________ provided to |
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__________ on _____. The attached records are a part of this |
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affidavit. |
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The attached records are kept by __________ in the regular |
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course of business, and it was the regular course of business of |
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__________ for an employee or representative of __________, with |
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knowledge of the service provided, to make the record or to transmit |
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information to be included in the record. The records were made in |
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the regular course of business at or near the time or reasonably |
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soon after the time the service was provided. The records are the |
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original or a duplicate of the original. |
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The services provided were necessary and the amount charged |
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for the services was reasonable at the time and place that the |
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services were provided. |
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The total amount paid for the services was $_____ and the |
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amount currently unpaid but which __________ has a right to be paid |
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after any adjustments or credits is $_____. |
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________________________________ |
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Affiant |
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SWORN TO AND SUBSCRIBED before me on the __________ day of _____, |
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_____. |
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________________________________ |
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Notary Public, State of Texas |
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Notary's printed name:___________ |
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My commission expires:___________ |
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(b-2) If a medical bill or other itemized statement attached |
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to an affidavit under Subsection (b-1) reflects a charge that is not |
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recoverable, the reference to that charge is not admissible. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the Texas Supreme Court shall amend Rule 902(10), Texas |
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Rules of Evidence, to provide that medical records and medical |
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billing information otherwise attached to an affidavit made for the |
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purposes of that rule and served with the affidavit on the other |
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parties to the relevant action are not required to be filed with the |
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clerk of the court before the trial commences. |
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SECTION 4. The change in law made by this Act applies only |
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to an action commenced on or after the effective date of this Act. |
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An action commenced before the effective date of this Act is |
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governed by the law applicable to the action immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |