| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
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. |
|
|
(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 $50,000 $100,000 in the |
|
|
aggregate. |
|
|
(b) In addition to an award payable under Subsection (a), |
|
|
the attorney general may award not more than $75,000$150,000 for |
|
|
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. |