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.