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A BILL TO BE ENTITLED
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AN ACT
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relating to recovery of medical or health care expenses in civil |
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actions. |
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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. MEDICAL OR HEALTH CARE EXPENSES [EVIDENCE
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RELATING TO AMOUNT OF ECONOMIC DAMAGES]. (a) In addition to any |
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other limitation under law, recovery of medical or health care |
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expenses incurred is limited to the amount actually paid or |
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incurred by or on behalf of the claimant. |
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(b) The trier of fact shall consider a claimant's failure to |
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seek reimbursement for medical or health care expenses that are |
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obligated to be paid on the claimant's behalf a failure to mitigate |
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the claimant's damages. |
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SECTION 2. Section 41.0105, Civil Practice and Remedies |
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Code, as amended by this Act, applies only to an action commenced on |
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or after the effective date of this Act. An action commenced before |
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the effective date of this Act is governed by the law applicable to |
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the action immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |