87R1047 SCL-F
 
  By: Bonnen H.B. No. 1617
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to recovery of medical or health care expenses in civil
  actions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 41.0105, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 41.0105.  EVIDENCE RELATING TO AMOUNT OF ECONOMIC
  DAMAGES. (a) In addition to any other limitation under law,
  recovery of medical or health care expenses incurred is limited to
  the amount actually paid or incurred by or on behalf of the
  claimant.
         (b)  Subject to Subsection (a), a party in an action in which
  a claimant seeks recovery of medical or health care expenses may
  introduce evidence of the reasonableness of the amount charged for
  medical or health care services provided to the claimant,
  including:
               (1)  the amount actually paid for the medical or health
  care services provided to the claimant, unless there is a formal or
  informal agreement that the medical or health care provider will
  wholly or partly refund, rebate, or remit the amount paid to the
  payer or another person, in which case the amount actually paid is
  not admissible in evidence;
               (2)  the amount billed by the medical or health care
  provider for the medical or health care services provided to the
  claimant;
               (3)  the amount paid, the amount that would have been
  paid, or the amount likely to be paid for the medical or health care
  services provided to the claimant by a health benefit plan,
  workers' compensation insurance, an employer-provided plan,
  Medicaid, Medicare, or another similar source available to pay for
  services provided to the claimant at the time the services were
  provided or available to pay for the services after the services
  were provided, as applicable;
               (4)  the average amount typically paid or allowed by
  health benefit plan issuers or governmental payers at or near the
  time the medical or health care services were provided to the
  claimant to medical or health care providers who:
                     (A)  are located in the same geographic area as
  the medical or health care provider who provided the services to the
  claimant; and
                     (B)  offer the same type of medical or health care
  services as the services provided to the claimant; or
               (5)  the average of the amounts actually accepted for
  payment in the previous 12 months by the medical or health care
  provider who provided medical or health care services to the
  claimant for the same services provided to patients other than the
  claimant.
         SECTION 2.  Section 41.0105, Civil Practice and Remedies
  Code, as amended 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 3.  This Act takes effect September 1, 2021.