HB 4806 / SB 30 – Limiting Medical Damages and Noneconomic Compensation
What HB 4806 and SB 30 Proposed
These bills sought to implement sweeping changes to the Texas Civil Practice and Remedies Code, including:
Limiting Recovery of Medical Expenses: Restricting recovery to amounts actually paid, not amounts billed. If no payment was made (e.g., under a Letter of Protection), recovery would be capped at 150% of the median rate paid by private insurers for similar services in the geographic area.
Redefining Noneconomic Damages: Imposing stricter definitions and caps on damages for pain, suffering, and mental anguish. For instance, capping emotional distress damages at $1 million in wrongful death cases and $250,000 in cases primarily involving bodily injury.
Restricting Evidence: Limiting the evidence plaintiffs could present regarding medical treatment and the necessity of care, and modifying procedures for challenging the reasonableness of medical expenses.texaslawblog.law
Legislative Outcome
While SB 30 passed the Senate and was amended by the House, the two chambers could not reconcile their differences in a conference committee before the session's end. Consequently, SB 30 failed to pass. HB 4806, on the other hand, did not advance beyond the House Judiciary & Civil Jurisprudence Committee and was left pending as of May 7, 2025. thebassettfirm.com+1joestephenslaw.com+1legiscan.com
Implications for Stakeholders
For Personal Injury Lawyers:
Maintained Legal Strategies: Attorneys can continue to present the full scope of medical bills and noneconomic damages without the proposed limitations.
Preserved Jury Discretion: Juries retain the ability to consider comprehensive evidence when determining awards.
For Letter of Protection (LOP) Providers:
Continued Viability: LOPs remain a viable method for uninsured or underinsured patients to receive necessary medical care, with the potential for full reimbursement from settlements or judgments.
For Injured Individuals:
Access to Full Compensation: Victims can seek full compensation for both economic and noneconomic damages, reflecting the true extent of their injuries and suffering.
Looking Ahead
The failure of HB 4806 and SB 30 underscores the complexities and challenges of tort reform in Texas. While these particular bills did not pass, the issues they addressed remain pertinent. Stakeholders should stay informed about potential future legislation that may revisit these topics. Engaging with policymakers, participating in public discourse, and monitoring legislative developments will be crucial for all parties affected by personal injury and wrongful death laws in Texas.hooverrogers.comhoustonchronicle.com
