Are Letters of Protection Discoverable in Texas?

October 15, 2026 by Adam Loewy

Letters of protection may be discoverable in a Texas personal injury lawsuit when the other side makes “properly tailored discovery requests.” In a 2022 decision, the Texas Supreme Court said that billing information the defendants requested from an injured plaintiff’s medical providers, with “any letters of protection” on the list, was relevant to how much the plaintiff could recover for her medical expenses.

A letter of protection is a written agreement, made through your attorney, in which a medical provider agrees to treat you now and wait to be paid from your settlement. Discovery is the stage of a lawsuit when each side can request documents and information about the case. Defense lawyers can send requests to your medical providers even though your providers are not parties to your lawsuit.

Billing Records the Defense Can Request

In three Texas Supreme Court cases from 2021 and 2022, defendants sought billing information from the injured plaintiffs’ medical providers. In the 2022 case, the subpoenas asked the plaintiff’s providers for six categories of information:

  • The amount of total billed charges
  • The amount of any adjustments or write-offs
  • The amount paid to the provider and who paid it
  • The amount of any outstanding balances
  • Copies of any contracts with the plaintiff’s health insurance company
  • “Any letters of protection, contracts, liens, or other guarantees for payment”

Defense lawyers can send document requests to you in addition to your providers. Texas discovery rules require a person to produce relevant documents “within the person’s possession, custody, or control.”

Reasons the Defense Asks for Billing Information

Texas law limits what you can recover for medical expenses to “the amount actually paid or incurred by or on behalf of the claimant.” In a May 2021 ruling, the Texas Supreme Court said the paid-or-incurred limit did not remove the older requirement that medical charges be reasonable. Justices treated the rates a provider negotiates with insurance companies as relevant to whether its full charges to you are reasonable.

Limits on What the Defense Can Get

Limits from the Texas Supreme Court’s rulings apply to billing discovery in your lawsuit.

  • Defense lawyers have to make “properly tailored” requests to your providers.
  • The judge has to keep the amount of information a provider produces in proportion to your case.
  • Justices said the May 2021 ruling does not make all documents about a provider’s billing automatically discoverable.
  • The judge can issue a protective order over confidential billing information.

A letter of protection can work against a provider who objects to a request. In the May 2021 ruling, the Court said a letter of protection gives a provider “a direct financial stake in the resolution” of the injured plaintiff’s case. Because of the financial stake, the Court gave less force to the providers’ complaints that the requests burdened them as outsiders to the lawsuit.

The Court returned to letters of protection in a second 2021 case. One group of medical providers had treated a number of the nearly sixty plaintiffs under letters of protection. The company the plaintiffs sued asked the providers for the amounts and rates they accepted from their other patients, then dropped its requests for rate information beyond the services the plaintiffs received. The Court said the letters gave the providers “a financial interest in the resolution of these claims” and ordered the trial judge to reconsider orders that had protected the providers from the requests.

Discovery Compared with What a Jury Sees

Information the defense gets in discovery does not automatically go in front of a jury. Texas discovery rules say a request is not open to objection because the information “will be inadmissible at trial,” as long as the information “appears reasonably calculated to lead to the discovery of admissible evidence.” The judge in your lawsuit rules on what evidence the jury sees.

Senate Bill 30 and the 2025 Legislature

In 2025, the Texas Legislature considered Senate Bill 30, which would have required disclosure of letters of protection in certain lawsuits seeking medical expenses. House members passed an amended version of the bill on May 28, 2025, but senators refused to agree to the House changes the next day. After both chambers appointed conference committee members by May 30, the bill’s history shows no further action, so Senate Bill 30 did not become law.

Discovery Help from Loewy Law Firm

Loewy Law Firm can answer your questions about a letter of protection and what the defense can request from your medical providers. Our team can review subpoenas aimed at your providers, object to requests that reach beyond what your case needs, and ask the judge for a protective order over confidential billing information.

Your consultation with our team is free. We represent injury clients on a contingency fee. Call (512) 280-0800 to schedule your consultation.

References and Additional Reading

The content on this website is for general informational purposes and should not be considered legal advice. Laws change, and case outcomes depend on specific facts. Viewing this material does not establish an attorney-client relationship. For legal guidance on your specific situation, consult a qualified attorney.

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