Bill Text: TX HB4651 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to compensation for health care services under the Crime Victims' Compensation Act
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to Appropriations [HB4651 Detail]
Download: Texas-2023-HB4651-Introduced.html
By: Lozano | H.B. No. 4651 |
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relating to compensation for health care services under the Crime | ||
Victims' Compensation Act | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as Sherry's Law. | ||
SECTION 2. Art. 56B.104, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 56B.104. COMPENSATION FOR HEALTH CARE | ||
SERVICES. (a) The attorney general shall award compensation for | ||
health care services according to the medical fee guidelines | ||
prescribed by Subtitle A, Title 5, Labor Code |
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(b) The attorney general, a claimant, or a victim is not | ||
liable for health care service charges that exceed the medical fee | ||
guidelines. A health care provider shall accept compensation from | ||
the attorney general as payment in full for the charges unless an | ||
investigation of the charges by the attorney general determines | ||
that there is a reasonable health care justification for the | ||
deviation from the guidelines. | ||
(c) The attorney general may not compensate a claimant or | ||
victim for health care services that the attorney general | ||
determines are not medically necessary. | ||
(d) The attorney general, a claimant, or a victim is not | ||
liable for a charge that is not medically necessary. | ||
SECTION 3. Art. 56B.106, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 56B.106. LIMITS ON COMPENSATION. (a) Except as | ||
otherwise provided by this article, awards payable to a victim and | ||
any other claimant sustaining pecuniary loss because of injury or | ||
death of that victim may not exceed |
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aggregate. | ||
(b) In addition to an award payable under Subsection (a), | ||
the attorney general may award not more than |
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extraordinary pecuniary loss if the personal injury to a victim is | ||
catastrophic and results in a total and permanent disability to the | ||
victim and permanent loss of use of both hands and or both legs. An | ||
award described by this subsection may shall be made by the first | ||
anniversary of the criminally injurious conduct and annually | ||
thereafter for lost wages and the reasonable and necessary costs | ||
of: | ||
(1) making a home or motor vehicle accessible; | ||
(2) obtaining job training and vocational | ||
rehabilitation; | ||
(3) training in the use of a special appliance; | ||
(4) receiving home health care; | ||
(5) durable medical equipment; | ||
(6) rehabilitation technology; and | ||
(7) long-term medical expenses incurred as a result of | ||
medically indicated treatment for the personal injury. | ||
(8) Cost incurred for the rehabilitation of a victim's | ||
residence to allow for ease of maneuverability from or as a result | ||
of their injuries. | ||
SECTION 4. This Act takes effect September 1, 2023. |