S.B. No. 30 amends the Civil Practice and Remedies Code to enhance the process for recovering damages in civil actions, particularly in health care contexts. 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 an accompanying invoice that meets clean claim standards. Additionally, parties contesting the reasonableness of charges must provide notice of their intent, which affects the affidavit's effectiveness. The bill also clarifies that affidavits from health care providers cannot be used to establish causation in civil actions. Furthermore, it revises definitions of damages, including future and noneconomic damages, and sets stringent standards for awarding exemplary damages, requiring clear evidence of fraud, malice, or gross negligence.
The bill also introduces new sections to Chapter 41 of the Civil Practice and Remedies Code, detailing the evidence considered for exemplary damages and allowing for the discovery of a defendant's net worth under specific conditions. It mandates that jury instructions reference relevant sections on exemplary damages and outlines requirements for judicial review of awards. Additionally, the bill establishes new obligations for claimants in personal injury and wrongful death cases, including identifying health care providers and third-party payors, disclosing unwritten financial agreements, and providing detailed information about referrals. It sets standards for noneconomic damages, requiring unanimous jury decisions for awards related to physical pain and suffering or emotional distress, and mandates prejudgment interest on economic losses. The bill also repeals certain sections of the Civil Practice and Remedies Code and specifies that the changes apply only to actions initiated after its 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 41, Civil Practice and Remedies Code 18)