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