Public Announcements
Legislative & Legal Update: February 2025
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Texas Senate Advances SB 30 Amid Continued Civil Liability Reform Efforts Legislation aimed at addressing so‑called “nuclear verdicts” cleared the Texas Senate on April 17, marking another significant step in the state’s ongoing effort to reshape civil liability standards. Senate Bill 30, which has undergone several revisions since its last public hearing, now moves forward with meaningful changes to how medical expenses may be challenged in litigation. One of the most consequential updates involves the definition of “reasonable charges” for healthcare services. Under the revised bill, defendants would no longer be permitted to dispute the reasonableness of a plaintiff’s medical billing, though they may still challenge whether the services were medically necessary. This shift has drawn attention from both trial lawyers and insurers, as it redirects the battleground in personal‑injury cases from cost disputes to treatment‑related arguments. SB 30 is one component of a broader 2025 legislative push, with more than 140 bills introduced this session to modify civil litigation standards across Texas. Even after years of substantial tort reform, lawmakers and business organizations continue to advocate for additional protections against what they view as excessive or abusive litigation—particularly in cases involving employers, property owners, and service providers. Among the most debated proposals are new caps on damages in personal‑injury and class‑action suits. Supporters argue that these caps will stabilize insurance markets and strengthen the business climate, while opponents warn they may weaken corporate accountability and limit recourse for injured parties. Workers’ Compensation Developments At the same time, several bills seek to expand liability shields for industries with higher workplace‑injury exposures, including trucking, construction, and healthcare. Labor groups and consumer advocates have voiced concerns that these measures could erode protections for workers and the general public. Telemedicine for MMI Evaluations Separately, lawmakers are also considering updates to the state’s workers’ compensation system. One proposal would allow Contested Case Hearings (CCHs) to be conducted via platforms such as Zoom when both parties agree, a change intended to streamline proceedings and improve accessibility. The Division of Workers’ Compensation (DWC) is also promoting greater use of telemedicine, including virtual evaluations for determining Maximum Medical Improvement (MMI) and impairment ratings in select minor‑injury cases. In related legislation, SB 157 proposes expanding the scope of physical therapy by doubling the number of days a therapist may treat a patient without a physician’s referral—from 10 to 20. As the legislative session moves toward its final stages, these proposals reflect a pivotal moment in Texas’ effort to balance business competitiveness, judicial efficiency, and the protection of workers and consumers. The fate of these measures now shifts to the Texas House, where further debate and amendments are expected. In workers’ compensation developments already enacted, House Bill 2488 now authorizes the DWC to conduct CCHs via videoconference when both parties consent or when the agency determines there is good cause to do so. Additionally, the DWC has amended Rule 133.30 to allow treating physicians to perform MMI evaluations via telemedicine in narrow circumstances—limited to minor injuries with no expected impairment and only after at least one in‑person visit. Impairment ratings, however, must still be conducted face‑to‑face to ensure clinical accuracy. These changes, effective February 25, 2025, aim to modernize care delivery while preserving evaluation integrity. For further reference:
Mark Barta |
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