TITLE: Relating to the award of damages in a private action involving health benefits for certain prohibited acts or practices by an insurer.

SUMMARY: Relating to the award of damages in a private action involving health benefits for certain prohibited acts or practices by an insurer.

FULL TEXT:
AN ACT relating to the award of damages in a private action involving health benefits for certain prohibited acts or practices by an insurer. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 541.152(a), Insurance Code, is amended to read as follows: (a) A plaintiff who prevails in an action under this subchapter may obtain: (1) the amount of actual damages, plus court costs and reasonable and necessary attorney's fees; (2) in an action authorized by Section 541.151 that relates to health benefits, the greater of: (A) the amount provided by Subdivision (1); or (B) $10,000, plus court costs and reasonable and necessary attorney's fees; (3) an order enjoining the act or failure to act complained of; or (4) [(3)] any other relief the court determines is proper. 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.