Bill Text: TX HB1432 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the billing for certain health care services provided to a sexual assault survivor.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-02-27 - Referred to Homeland Security & Public Safety [HB1432 Detail]

Download: Texas-2019-HB1432-Introduced.html

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86R7701 LED-D
By: Guillen H.B. No. 1432

A BILL TO BE ENTITLED
AN ACT
relating to the billing for certain health care services provided
to a sexual assault survivor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 56.06(c), Code of Criminal Procedure, is
amended to read as follows:
(c) A law enforcement agency that requests a forensic
medical examination of a victim of an alleged sexual assault for use
in the investigation or prosecution of the offense shall pay the
[all] costs, less any amount to be paid directly to the health care
facility by a health insurer under Section 323.009(e), Health and
Safety Code, of the forensic portion of the examination and of the
evidence collection kit. On application to the attorney general,
the law enforcement agency is entitled to be reimbursed for the
reasonable costs of that examination if the examination was
performed by a physician or by a sexual assault examiner or sexual
assault nurse examiner, as defined by Section 420.003, Government
Code.
SECTION 2. Article 56.065(d), Code of Criminal Procedure,
is amended to read as follows:
(d) The department shall pay the appropriate fees, as set by
attorney general rule, less any amount to be paid directly to the
health care facility by a health insurer under Section 323.009(e),
Health and Safety Code, for the forensic portion of the medical
examination and for the evidence collection kit if a physician,
sexual assault examiner, or sexual assault nurse examiner conducts
the forensic portion of the examination within 96 hours after the
alleged sexual assault occurred. The attorney general shall
reimburse the department for fees paid under this subsection.
SECTION 3. Section 323.005(a), Health and Safety Code, is
amended to read as follows:
(a) The Health and Human Services Commission [department]
shall develop a standard information form for sexual assault
survivors that must include:
(1) a detailed explanation of the forensic medical
examination required to be provided by law, including a statement
that photographs may be taken of the genitalia;
(2) information regarding treatment of sexually
transmitted infections and pregnancy, including:
(A) generally accepted medical procedures;
(B) appropriate medications; and
(C) any contraindications of the medications
prescribed for treating sexually transmitted infections and
preventing pregnancy;
(3) information regarding drug-facilitated sexual
assault, including the necessity for an immediate urine test for
sexual assault survivors who may have been involuntarily drugged;
(4) information regarding crime victims compensation,
including:
(A) a statement that:
(i) a law enforcement agency or the
survivor's health insurer will pay for the forensic portion of an
examination requested by the agency under Article 56.06, Code of
Criminal Procedure, and for the evidence collection kit; or
(ii) the Department of Public Safety or the
survivor's health insurer will pay the appropriate fees for the
forensic portion of an examination conducted under Article 56.065,
Code of Criminal Procedure, and for the evidence collection kit;
and
(B) reimbursement information for the medical
portion of the examination;
(5) an explanation that consent for the forensic
medical examination may be withdrawn at any time during the
examination;
(6) the name and telephone number of sexual assault
crisis centers statewide; and
(7) information regarding postexposure prophylaxis
for HIV infection.
SECTION 4. Chapter 323, Health and Safety Code, is amended
by adding Section 323.009 to read as follows:
Sec. 323.009. BILLING FOR EMERGENCY AND HEALTH CARE
SERVICES FOR SEXUAL ASSAULT SURVIVORS. (a) A health care facility
that provides care to a sexual assault survivor in accordance with
Section 323.004 may not require the Department of Public Safety or
other law enforcement agency to pay the costs of providing care to
the survivor, other than the costs of a forensic medical
examination and an evidence collection kit required under Article
56.06 or 56.065, Code of Criminal Procedure.
(b) A health care facility described by Subsection (a) may
not require an officer commissioned by the Department of Public
Safety or other law enforcement officer to sign any document
agreeing to pay the costs of providing care to a sexual assault
survivor, other than the costs of a forensic medical examination
and an evidence collection kit required under Article 56.06 or
56.065, Code of Criminal Procedure.
(c) A health care facility described by Subsection (a) may
not require a sexual assault survivor to pay or sign any document
agreeing to pay the costs of a forensic medical examination or an
evidence collection kit the Department of Public Safety or other
law enforcement agency is required to pay under Article 56.06 or
56.065, Code of Criminal Procedure.
(d) A health care facility described by Subsection (a) shall
provide an itemized statement of the costs of a forensic medical
examination performed under Article 56.06 or 56.065, Code of
Criminal Procedure, to the Department of Public Safety or other law
enforcement agency.
(e) If a sexual assault survivor has private health
insurance coverage, a health care facility must submit a claim for
payment of the costs of a forensic medical examination performed
under Article 56.06 or 56.065, Code of Criminal Procedure, to the
survivor's health insurer before the facility may submit a claim
for payment to the Department of Public Safety or other law
enforcement agency.
SECTION 5. This Act takes effect September 1, 2019.