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A BILL TO BE ENTITLED
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AN ACT
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relating to the recovery in a civil action of medical or health care |
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expenses as economic damages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41.0105, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 41.0105. RECOVERY OF MEDICAL OR HEALTH CARE EXPENSES |
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AS [EVIDENCE RELATING TO AMOUNT OF] ECONOMIC DAMAGES. (a) In |
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addition to any other limitation under law, recovery of medical or |
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health care expenses incurred is limited to the amount actually |
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paid or incurred by or on behalf of the claimant. |
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(b) The amount actually paid or incurred by or on behalf of |
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the claimant for medical or health care expenses incurred for |
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treatment by a physician is limited to the amount the treating |
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physician normally would be paid for similar services in a |
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nonlitigation context, determined as follows to the extent |
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applicable: |
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(1) if the claimant was covered by health insurance or |
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any other form of health benefits, including workers' compensation, |
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Medicare, or Medicaid, that would pay or reimburse the expenses and |
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the claimant accessed those benefits in obtaining the services, the |
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amount actually paid or incurred by or on behalf of the claimant is |
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limited to the amount that the payor of the benefits paid or would |
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pay for the services plus any cost-sharing amount for which the |
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claimant is responsible, up to the allowed amount on which the |
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payor's payment is or would be based; or |
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(2) if the claimant did not have health benefits |
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described by Subdivision (1) or did not access those benefits in |
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obtaining the services, the amount actually paid or incurred by or |
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on behalf of the claimant is limited to 125 percent of the Medicare |
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reimbursement rate for the services. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrued before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |