What does “incurred” mean?
The first time the word “incurred” appears in Section 41.0105 it is used in terms of incurred medical expenses. The concept of “incurred medical expenses” has long had a particular meaning and usage under Texas common law. As such, it is presumed pursuant to Canons of Statutory Construction that the Texas legislature was aware of and referencing the common law usage when drafting Section 41.0105. Under long-standing Texas law, a plaintiff who receives medical treatment may only recover reasonable medical expenses “incurred” because of the injury suffered, and “incurred” is defined as “become liable to pay.” Until recently, an insurance company that paid on behalf of an injured insured was actually “liable to pay” the amount that the patient was “billed” or “charged.” However, with the advent of managed care, insurance companies moved towards a discounted, or “reduced rate” program whereby the amount payable to the doctor or hospital is fixed by contract. Under the contract, the doctor,
Incurred is defined in Internal Revenue Code Section 125 as the date that that the services are provided that gave rise to the expense. Expenses are not considered to be provided at the time you are billed for or pay for the services. For the Dependent Care FSA program, this means that if you pay for your services in advance, you cannot claim these expenses until they have all been provided. For example, if you pay for February’s day care expenses at the beginning of February, you cannot be reimbursed for all of February’s expenses until the end of February.
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