| 1 | 1 | | By: Lozano H.B. No. 4651 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to compensation for health care services under the Crime |
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| 7 | 7 | | Victims' Compensation Act |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. This Act shall be known as Sherry's Law. |
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| 10 | 10 | | SECTION 2. Art. 56B.104, Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Art. 56B.104. COMPENSATION FOR HEALTH CARE |
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| 13 | 13 | | SERVICES. (a) The attorney general shall award compensation for |
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| 14 | 14 | | health care services according to the medical fee guidelines |
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| 15 | 15 | | prescribed by Subtitle A, Title 5, Labor Code. |
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| 16 | 16 | | (b) The attorney general, a claimant, or a victim is not |
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| 17 | 17 | | liable for health care service charges that exceed the medical fee |
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| 18 | 18 | | guidelines. A health care provider shall accept compensation from |
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| 19 | 19 | | the attorney general as payment in full for the charges unless an |
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| 20 | 20 | | investigation of the charges by the attorney general determines |
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| 21 | 21 | | that there is a reasonable health care justification for the |
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| 22 | 22 | | deviation from the guidelines. |
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| 23 | 23 | | (c) The attorney general may not compensate a claimant or |
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| 24 | 24 | | victim for health care services that the attorney general |
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| 25 | 25 | | determines are not medically necessary. |
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| 26 | 26 | | (d) The attorney general, a claimant, or a victim is not |
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| 27 | 27 | | liable for a charge that is not medically necessary. |
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| 28 | 28 | | SECTION 3. Art. 56B.106, Code of Criminal Procedure, is |
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| 29 | 29 | | amended to read as follows: |
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| 30 | 30 | | Art. 56B.106. LIMITS ON COMPENSATION. (a) Except as |
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| 31 | 31 | | otherwise provided by this article, awards payable to a victim and |
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| 32 | 32 | | any other claimant sustaining pecuniary loss because of injury or |
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| 33 | 33 | | death of that victim may not exceed $50,000 $100,000 in the |
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| 34 | 34 | | aggregate. |
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| 35 | 35 | | (b) In addition to an award payable under Subsection (a), |
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| 36 | 36 | | the attorney general may award not more than $75,000$150,000 for |
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| 37 | 37 | | extraordinary pecuniary loss if the personal injury to a victim is |
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| 38 | 38 | | catastrophic and results in a total and permanent disability to the |
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| 39 | 39 | | victim and permanent loss of use of both hands and or both legs. An |
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| 40 | 40 | | award described by this subsection may shall be made by the first |
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| 41 | 41 | | anniversary of the criminally injurious conduct and annually |
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| 42 | 42 | | thereafter for lost wages and the reasonable and necessary costs |
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| 43 | 43 | | of: |
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| 44 | 44 | | (1) making a home or motor vehicle accessible; |
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| 45 | 45 | | (2) obtaining job training and vocational |
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| 46 | 46 | | rehabilitation; |
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| 47 | 47 | | (3) training in the use of a special appliance; |
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| 48 | 48 | | (4) receiving home health care; |
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| 49 | 49 | | (5) durable medical equipment; |
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| 50 | 50 | | (6) rehabilitation technology; and |
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| 51 | 51 | | (7) long-term medical expenses incurred as a result of |
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| 52 | 52 | | medically indicated treatment for the personal injury. |
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| 53 | 53 | | (8) Cost incurred for the rehabilitation of a victim's |
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| 54 | 54 | | residence to allow for ease of maneuverability from or as a result |
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| 55 | 55 | | of their injuries. |
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| 56 | 56 | | SECTION 4. This Act takes effect September 1, 2023. |
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