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, stipulating that they must assert the charges were reasonable and necessary. If a notice of intent to controvert is served, the affidavit will only serve to authenticate health care records rather than establish causation. Additionally, the bill prohibits the controversion of charges if the affidavit meets specific criteria, including a statement of reasonable charges based on designated data sources. It also revises the standards for exemplary damages, requiring clear and convincing evidence of fraud, malice, or gross negligence for recovery, and mandates that such damages be specific to each defendant without prejudgment interest.

Moreover, the bill establishes new requirements for claimants in personal injury cases, including the disclosure of health care providers and third-party payors involved in the case. Claimants must identify health care providers, provide authorizations for medical records, and disclose any financial arrangements or referrals related to the case. The bill also sets standards for noneconomic damages, requiring unanimous jury agreement on compensation for pain and suffering, and amends the Finance Code to mandate prejudgment interest on economic losses in wrongful death and personal injury cases. These changes aim to enhance transparency in the claims process and ensure that damages awarded are fair and reasonable, with the new provisions applying only to actions initiated 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 18, Civil Practice and Remedies Code 41, Finance Code 304)