Current through Reg. 49, No. 38; September 20, 2024
(a) Expenses
relating to the victim's inpatient psychiatric hospitalization, residential
treatment or intensive outpatient programs are limited to 30 days of treatment,
unless good cause is shown.
(b) The
OAG may require a written authorization prior to the victim's admission for
treatment before making an award.
(c) Psychiatric hospitals and residential
treatment centers must be licensed, certified or registered by the proper state
regulatory authority.
(d) Expenses
relating to inpatient psychiatric hospitalization, residential treatment or
intensive outpatient programs for treatment of a claimant are not considered
reasonable or necessary expenses under this chapter.
(e) A victim may receive compensation for the
following, at a limit determined by the OAG, pursuant to Texas Code of Criminal
Procedure Article 56.42(c):
(1) Admissions to
inpatient psychiatric hospitalization care made at the direction of a licensed
medical doctor will be paid. Expenses for inpatient psychiatric hospitalization
care are limited as follows:
(A) if the date
of the criminally injurious conduct was between September 1, 1994 and January
31, 1998, the expenses are limited to $400 per day with a maximum 30 day stay,
or $12,000, and includes room, board, medications, therapeutic
modalities;
(B) if the date of the
criminally injurious conduct was between February 1, 1998 and August 31, 2014,
the expenses are limited to $600 per day with a maximum 30 day stay, or
$18,000, and includes room, board, medications, therapeutic modalities;
or
(C) if the date of the
criminally injurious conduct was after September 1, 2014, the expenses will be
paid at the medical fee guidelines.
(2) Expenses for residential treatment center
care, including partial day programs or intensive outpatient programs, are
limited as follows:
(A) if the date of the
criminally injurious conduct was between September 1, 1994 and January 31,
1998, the expenses are limited to $200 per day with a maximum 30-day stay, or
$6,000;
(B) if the date of the
criminally injurious conduct was between February 1, 1998 and August 31, 2014,
the expenses are limited to $400 per day for a full day with a maximum 30 days
of treatment, or $12,000;
(C) if
the date of the criminally injurious conduct was between February 1, 1998 and
August 31, 2014, the expenses are limited to $200 per day for a partial day
program with a maximum 30 days of treatment, or $6,000; or
(D) if the date of the criminally injurious
conduct was after September 1, 2014, the expenses will be paid at the medical
fee guidelines.
