SB 30 proposes significant revisions to Section 18.001 of the Texas Civil Practice and Remedies Code, which governs how parties in civil lawsuits introduce evidence regarding the cost and necessity of medical services. Traditionally, Texas law has allowed plaintiffs to submit affidavits from healthcare providers to support claims for damages, with the opposing party able to challenge them by filing a counter-affidavit. SB 30 replaces this counter-affidavit process with a “notice of intent to controvert,” thereby eliminating certain procedural barriers for defendants while clarifying the evidentiary weight of such affidavits.
The bill explicitly states that affidavits submitted under Section 18.001 can only establish the reasonableness and necessity of charges—not causation of the injury. Furthermore, SB 30 introduces Section 18.0011, a new provision that restricts a party’s ability to controvert charges when the healthcare provider's affidavit lists as reasonable either the amount received from all sources or a market-based rate not exceeding a certain threshold at the time of service. This provision would significantly reduce litigation disputes over billing but may limit the ability of opposing parties to challenge potentially inflated charges in court.
The bill also revises timing rules for filing notices to controvert and provides new deadlines for supplemental affidavits and responses when ongoing medical care is involved. Overall, SB 30 aims to streamline personal injury litigation, reduce frivolous challenges to medical expenses, and provide clearer guidance on how medical billing evidence is handled in Texas courts. However, the proposal also narrows the scope of what medical affidavits can prove and restricts opportunities to contest certain charges, which could have implications for fairness and access to justice in civil trials.
The Committee Substitute for SB 30 retains the general purpose of the originally filed version—to reform how healthcare costs and services are presented and contested in Texas civil litigation—but it introduces several structural, procedural, and definitional clarifications that reflect feedback and refinement through the legislative process.
One of the main differences is the organization and clarity of new provisions. While the originally filed bill includes extensive changes not only to Section 18.001 of the Civil Practice and Remedies Code but also to Chapter 41 (addressing noneconomic and exemplary damages), the Committee Substitute scales back focus primarily to Section 18.001 and adds a new Section 18.0011. The substitute does not appear to include the extensive amendments and reorganizations of Chapter 41 and the definitions related to damages that were present in the original bill. This suggests that the Committee chose to narrow the scope of the bill, possibly in response to stakeholder concerns about overreach into other legal doctrines like noneconomic damages and exemplary damages.
Substantively, both versions eliminate the counter-affidavit requirement and replace it with a "notice of intent to controvert" procedure. However, the Committee Substitute tightens the language to make clear that affidavits submitted under Section 18.001 may no longer serve as evidence of causation and may only be used to prove authenticity if a controverting notice is served. This builds upon but simplifies what was proposed in the original version, which had more complex interplays with discovery limits and evidentiary rules.
Another significant change is how the new Section 18.0011 is framed. The original bill proposed limits based on data from the Texas All-Payor Claims Database and specified exact procedural rights (including discovery limits) related to provider affidavits. The Committee Substitute retains much of the core content but rewords provisions for clarity and judicial flexibility. It also more clearly outlines circumstances under which providers may or may not testify if they submit affidavits and how affidavits may be used only within the specific civil action.
Finally, the originally filed bill also sought to add Subchapters C and D to Chapter 41, introducing sweeping reforms to how noneconomic damages (like pain and suffering) and health care expenses are calculated and capped. These sections are absent from the Committee Substitute, signaling a strategic retreat from broader tort reform provisions and an effort to ensure narrower, more targeted reforms related to affidavit use in health care cost disputes.
In summary, the Committee Substitute for SB 30 represents a more focused and restrained version of the originally filed bill, preserving key reforms around affidavits and health care billing evidence while omitting broader and more controversial changes to civil litigation rules on damages.