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


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

Spectrum: Partisan Bill (Democrat 2-0)

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

Download: Texas-2019-HB1432-Introduced.html
  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.
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