House Bill No. 4806 amends the Civil Practice and Remedies Code to enhance the process for recovering damages in civil actions, particularly in health care services. The bill introduces new requirements for affidavits related to the reasonableness of health care charges, mandating that they include a statement of the reasonable charge and be accompanied by a compliant invoice. Additionally, parties contesting the reasonableness of charges must provide notice of their intent, which affects the evidentiary weight of the affidavit in court. The bill also clarifies that an affidavit does not support a finding of causation in the underlying civil action. Furthermore, it revises definitions related to damages and establishes stringent standards for awarding exemplary damages, requiring clear evidence of fraud, malice, or gross negligence, and stipulating that exemplary damages can only be awarded if other damages are also granted.

The bill further amends Chapter 41 of the Civil Practice and Remedies Code, detailing the award and determination of exemplary damages, and introduces new sections that outline the evidence considered for such damages and the conditions under which a defendant's net worth may be discovered. It also mandates that jury instructions reference specific sections related to exemplary damages and outlines requirements for judicial review of awards. Additionally, the bill adds provisions for the recovery of health care expenses in personal injury or wrongful death actions, defining key terms and establishing limitations on recovery amounts. Claimants are required to disclose relevant documents and agreements, while the standards for noneconomic damages are clarified, necessitating a unanimous jury decision for awards related to physical pain and suffering or emotional distress. The bill also amends the Finance Code to require prejudgment interest on economic losses and repeals certain sections of the Civil Practice and Remedies Code, applying the changes only to actions commenced after the bill's effective date.

Statutes affected:
Introduced: Civil Practice and Remedies Code 18.001, Civil Practice and Remedies Code 41.001, Civil Practice and Remedies Code 41.002, Finance Code 304.102 (Finance Code 304, Civil Practice and Remedies Code 18, Civil Practice and Remedies Code 41)