H.B. No. 4806 amends the Civil Practice and Remedies Code to refine the process for recovering damages in civil actions, particularly in the context of health care services. The bill introduces new requirements for affidavits related to the reasonableness of health care charges, stating that they must confirm the charges were reasonable and necessary. If a notice of intent to controvert is served, the affidavit will only authenticate health care records rather than support causation findings. Additionally, a new section (18.0011) ensures that if a health care provider's affidavit meets specific criteria, it cannot be contested regarding the reasonableness of charges or necessity for services. The bill also revises the standards for exemplary damages, requiring clear and convincing evidence of fraud, malice, or gross negligence for such awards, and specifies that prejudgment interest cannot be assessed on exemplary damages.

Moreover, the bill establishes new requirements for claimants in personal injury cases, mandating the disclosure of health care providers and third-party payors involved in the case, along with any financial arrangements or referrals. It sets standards for the recovery of noneconomic damages, requiring unanimous jury agreement on compensation amounts for pain and suffering, and emphasizes that these damages must be fair and reasonable. The bill also amends laws regarding prejudgment interest in wrongful death and personal injury cases, ensuring interest is calculated on economic losses from the date incurred, while repealing certain sections of the Civil Practice and Remedies Code. The changes will apply 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 (Civil Practice and Remedies Code 41, Finance Code 304, Civil Practice and Remedies Code 18)