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A BILL TO BE ENTITLED
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AN ACT
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relating to evidence in a civil action concerning the provision and |
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cost of certain services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 18.001(b) and (d), Civil Practice and |
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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. The records attached |
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to the affidavit are not required to be filed with the court before |
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the trial commences. Notwithstanding Section 22.004, Government |
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Code, the supreme court may not amend or adopt a rule requiring the |
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attached records to be filed with the court before the trial |
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commences. |
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SECTION 2. Section 18.002(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(b) An affidavit concerning cost and necessity of services |
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by the person who is a custodian [in charge] of records showing the |
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service provided and the charge made is sufficient if it follows the |
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following form: |
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Affidavit of Records Custodian of |
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___________________________________________ |
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| COUNTY OF _____________ |
§ |
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[No. ___________________
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[John Doe
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IN THE _______ |
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[(Name of Plaintiff)
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)
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COURT IN AND FOR |
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[AFFIDAVIT] |
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Before me, the undersigned authority, personally appeared |
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______(NAME OF AFFIANT)______, who, being by me duly sworn, deposed |
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as follows: |
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My name is __________(NAME OF AFFIANT)__________. 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 [the person in charge] of records for [of] |
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__________(PERSON WHO PROVIDED THE SERVICE)__________. Attached |
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to this affidavit are records that provide an itemized statement of |
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the service and the charge for the service that __________(PERSON |
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WHO PROVIDED THE SERVICE)__________ provided to __________(PERSON |
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WHO RECEIVED THE SERVICE)__________ on __________(DATE)__________. |
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The attached records are a part of this affidavit. |
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The attached records are kept by ________(PERSON WHO KEEPS |
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THE RECORDS)__________ [me] in the regular course of business, and |
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it was[. The information contained in the records was transmitted
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to me in] the regular course of business of [by] __________(PERSON |
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WHO PROVIDED THE SERVICE)__________ for [or] an employee or |
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representative of __________(PERSON WHO PROVIDED THE |
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SERVICE)__________, with [who had personal] knowledge of the |
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service provided, to make the record or to transmit information to |
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be included in the record [information]. 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 [that] the service was provided. The records |
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are the original or a [an exact] duplicate of the original. |
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The services [service] provided were [was] necessary and the |
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amount charged for the services [service] was reasonable at the |
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time and place that the services were [service was] provided. |
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The total amount paid for the services was $_________ and the |
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amount currently unpaid but which _____(PERSON ENTITLED TO BE |
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PAID)____________ has a right to be paid after any adjustments or |
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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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__________, ____ [19___]. |
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[My commission expires:
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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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________________________________ |
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My commission expires:_________ |
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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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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. |