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A BILL TO BE ENTITLED
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AN ACT
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relating to billing and reimbursement for certain emergency and |
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health care services provided to a sexual assault survivor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 64, Health and Safety Code, is amended by |
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adding Section 64.002 to read as follows: |
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Sec. 64.002. REIMBURSEMENT FOR HEALTH CARE SERVICES FOR |
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SEXUAL ASSAULT SURVIVORS. (a) In this section, "sexual assault" |
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and "sexual assault survivor" have the meanings assigned by Section |
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323.001. |
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(b) A health care facility, physician, or health care |
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practitioner that provides health care services associated with a |
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sexual assault, other than the initial forensic examination and |
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associated health care services, to a sexual assault survivor may |
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only seek payment for those services by: |
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(1) if the survivor is receiving assistance from the |
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medical assistance program under Chapter 32, Human Resources Code, |
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or enrolled in the child health plan program under Chapter 62 of |
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this code, submitting a bill to the commission and accepting the |
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amount paid under the survivor's program benefits as payment in |
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full; |
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(2) if the survivor is enrolled in a health benefit |
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plan, submitting: |
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(A) a bill to the health benefit plan issuer for |
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the portion of the charge that is the issuer's responsibility under |
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the plan; and |
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(B) a request for reimbursement to the department |
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for the portion of the charge that is the survivor's responsibility |
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under the plan; or |
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(3) if the survivor is not receiving assistance or |
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benefits as described by Subdivision (1) or (2), submitting a |
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request for reimbursement to the department. |
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(c) A health care facility, physician, or health care |
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practitioner may not submit a bill to a sexual assault survivor for |
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any health care service associated with a sexual assault and |
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provided to the survivor. |
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(d) The department shall provide reimbursement from the |
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sexual assault program fund established under Section 420.008, |
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Government Code, to a health care facility, physician, or health |
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care practitioner if the facility, physician, or practitioner |
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provides to the department a completed application for |
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reimbursement under this section in the form and manner provided by |
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the department. |
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SECTION 2. Chapter 323, Health and Safety Code, is amended |
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by adding Section 323.009 to read as follows: |
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Sec. 323.009. REIMBURSEMENT FOR EMERGENCY AND HEALTH CARE |
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SERVICES; FORM FOR CONTINUING HEALTH CARE. (a) A health care |
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facility may only seek payment for initial care following a sexual |
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assault, including ambulance, health care, and laboratory |
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services, provided to a sexual assault survivor: |
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(1) under Article 56.06 or 56.065, Code of Criminal |
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Procedure, if applicable; or |
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(2) if reimbursement under Subdivision (1) is |
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unavailable or declined wholly or partly: |
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(A) if the survivor is receiving assistance from |
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the medical assistance program under Chapter 32, Human Resources |
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Code, or enrolled in the child health plan program under Chapter 62 |
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of this code, by submitting a bill to the Health and Human Services |
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Commission and accepting the amount paid under the survivor's |
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program benefits as payment in full; |
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(B) if the survivor is enrolled in a health |
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benefit plan, by submitting: |
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(i) a bill to the health benefit plan issuer |
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for the portion of the charge that is the issuer's responsibility |
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under the plan; and |
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(ii) a request for reimbursement to the |
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department for the portion of the charge that is the survivor's |
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responsibility under the plan; or |
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(C) if the survivor is not receiving assistance |
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or benefits described by Paragraph (A) or (B), by submitting a |
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request for reimbursement to the department. |
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(b) A health care facility may not submit a bill to a sexual |
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assault survivor for any care associated with a sexual assault and |
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provided to the survivor. |
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(c) A health care facility shall provide a sexual assault |
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survivor to whom the facility has provided care associated with a |
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sexual assault a form developed by the department that states the |
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survivor received care at the facility and is eligible for |
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reimbursement from the department for any future health care |
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services associated with the sexual assault. |
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(d) The department shall provide reimbursement from the |
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sexual assault program fund established under Section 420.008, |
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Government Code, to a health care facility that provides a |
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completed application for reimbursement under this section in the |
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form and manner provided by the department. |
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SECTION 3. Section 420.008(c), Government Code, is amended |
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to read as follows: |
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(c) The legislature may appropriate money deposited to the |
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credit of the fund only to: |
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(1) the attorney general, for: |
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(A) sexual violence awareness and prevention |
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campaigns; |
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(B) grants to faith-based groups, independent |
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school districts, and community action organizations for programs |
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for the prevention of sexual assault and programs for victims of |
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human trafficking; |
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(C) grants for equipment for sexual assault nurse |
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examiner programs, to support the preceptorship of future sexual |
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assault nurse examiners, and for the continuing education of sexual |
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assault nurse examiners; |
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(D) grants to increase the level of sexual |
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assault services in this state; |
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(E) grants to support victim assistance |
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coordinators; |
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(F) grants to support technology in rape crisis |
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centers; |
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(G) grants to and contracts with a statewide |
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nonprofit organization exempt from federal income taxation under |
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Section 501(c)(3), Internal Revenue Code of 1986, having as a |
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primary purpose ending sexual violence in this state, for programs |
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for the prevention of sexual violence, outreach programs, and |
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technical assistance to and support of youth and rape crisis |
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centers working to prevent sexual violence; |
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(H) grants to regional nonprofit providers of |
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civil legal services to provide legal assistance for sexual assault |
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victims; |
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(I) grants to prevent sex trafficking and to |
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provide services for victims of sex trafficking; and |
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(J) grants to carry out the purpose of this |
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chapter, including standardizing the quality of services provided, |
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preventing sexual assault, and improving services to survivors of |
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sexual assault; |
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(2) the Department of State Health Services, to |
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measure the prevalence of sexual assault in this state, [and] for |
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grants to support programs assisting victims of human trafficking, |
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and for reimbursement of certain emergency and health care services |
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provided to survivors of sexual assault; |
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(3) the Institute on Domestic Violence and Sexual |
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Assault or the Bureau of Business Research at The University of |
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Texas at Austin, to conduct research on all aspects of sexual |
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assault and domestic violence; |
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(4) Texas State University, for training and technical |
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assistance to independent school districts for campus safety; |
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(5) the office of the governor, for grants to support |
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sexual assault and human trafficking prosecution projects; |
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(6) the department, to support sexual assault training |
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for commissioned officers; |
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(7) the comptroller's judiciary section, for |
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increasing the capacity of the sex offender civil commitment |
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program; |
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(8) the Texas Department of Criminal Justice: |
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(A) for pilot projects for monitoring sex |
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offenders on parole; and |
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(B) for increasing the number of adult |
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incarcerated sex offenders receiving treatment; |
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(9) the Texas Juvenile Justice Department, for |
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increasing the number of incarcerated juvenile sex offenders |
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receiving treatment; |
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(10) the comptroller, for the administration of the |
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fee imposed on sexually oriented businesses under Section 102.052, |
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Business & Commerce Code; |
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(11) the supreme court, to be transferred to the Texas |
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Access to Justice Foundation, or a similar entity, to provide |
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victim-related legal services to sexual assault victims, including |
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legal assistance with protective orders, relocation-related |
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matters, victim compensation, and actions to secure privacy |
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protections available to victims under law; |
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(12) any state agency or organization for the purpose |
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of conducting human trafficking enforcement programs; and |
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(13) any other designated state agency for the purpose |
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of preventing sexual assault or improving services for victims of |
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sexual assault. |
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SECTION 4. The changes in law made by this Act apply only to |
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an emergency or health care service provided on or after the |
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effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2017. |