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