85R5736 AJA-F
 
  By: Schofield H.B. No. 2300
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the recovery in a civil action of medical or health care
  expenses as economic damages.
         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.  RECOVERY OF MEDICAL OR HEALTH CARE EXPENSES
  AS [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)  The amount actually paid or incurred by or on behalf of
  the claimant for medical or health care expenses incurred for
  treatment by a physician is limited to the amount the treating
  physician normally would be paid for similar services in a
  nonlitigation context, determined as follows to the extent
  applicable:
               (1)  if the claimant was covered by health insurance or
  any other form of health benefits, including workers' compensation,
  Medicare, or Medicaid, that would pay or reimburse the expenses and
  the claimant accessed those benefits in obtaining the services, the
  amount actually paid or incurred by or on behalf of the claimant is
  limited to the amount that the payor of the benefits paid or would
  pay for the services plus any cost-sharing amount for which the
  claimant is responsible, up to the allowed amount on which the
  payor's payment is or would be based; or
               (2)  if the claimant did not have health benefits
  described by Subdivision (1) or did not access those benefits in
  obtaining the services, the amount actually paid or incurred by or
  on behalf of the claimant is limited to 125 percent of the Medicare
  reimbursement rate for the services.
         SECTION 2.  The change in law made by this Act applies only
  to a cause of action that accrues on or after the effective date of
  this Act. A cause of action that accrued before the effective date
  of this Act is governed by the law applicable to the cause of 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, 2017.