85R13187 SCL-D     By: West S.B. No. 1618       A BILL TO BE ENTITLED   AN ACT   relating to billing and reimbursement for certain emergency and   health care services provided to a sexual assault survivor.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 64, Health and Safety Code, is amended by   adding Section 64.002 to read as follows:          Sec. 64.002.  REIMBURSEMENT FOR HEALTH CARE SERVICES FOR   SEXUAL ASSAULT SURVIVORS. (a) In this section, "sexual assault"   and "sexual assault survivor" have the meanings assigned by Section   323.001.          (b)  A health care facility, physician, or health care   practitioner that provides health care services associated with a   sexual assault, other than the initial forensic examination and   associated health care services, to a sexual assault survivor may   only seek payment for those services by:                (1)  if the survivor is receiving assistance from the   medical assistance program under Chapter 32, Human Resources Code,   or enrolled in the child health plan program under Chapter 62 of   this code, submitting a bill to the commission and accepting the   amount paid under the survivor's program benefits as payment in   full;                (2)  if the survivor is enrolled in a health benefit   plan, submitting:                      (A)  a bill to the health benefit plan issuer for   the portion of the charge that is the issuer's responsibility under   the plan; and                      (B)  a request for reimbursement to the department   for the portion of the charge that is the survivor's responsibility   under the plan; or                (3)  if the survivor is not receiving assistance or   benefits as described by Subdivision (1) or (2), submitting a   request for reimbursement to the department.          (c)  A health care facility, physician, or health care   practitioner may not submit a bill to a sexual assault survivor for   any health care service associated with a sexual assault and   provided to the survivor.          (d)  The department shall provide reimbursement from the   sexual assault program fund established under Section 420.008,   Government Code, to a health care facility, physician, or health   care practitioner if the facility, physician, or practitioner   provides to the department a completed application for   reimbursement under this section in the form and manner provided by   the department.          SECTION 2.  Chapter 323, Health and Safety Code, is amended   by adding Section 323.009 to read as follows:          Sec. 323.009.  REIMBURSEMENT FOR EMERGENCY AND HEALTH CARE   SERVICES; FORM FOR CONTINUING HEALTH CARE. (a) A health care   facility may only seek payment for initial care following a sexual   assault, including ambulance, health care, and laboratory   services, provided to a sexual assault survivor:                (1)  under Article 56.06 or 56.065, Code of Criminal   Procedure, if applicable; or                (2)  if reimbursement under Subdivision (1) is   unavailable or declined wholly or partly:                      (A)  if the survivor is receiving assistance from   the medical assistance program under Chapter 32, Human Resources   Code, or enrolled in the child health plan program under Chapter 62   of this code, by submitting a bill to the Health and Human Services   Commission and accepting the amount paid under the survivor's   program benefits as payment in full;                      (B)  if the survivor is enrolled in a health   benefit plan, by submitting:                            (i)  a bill to the health benefit plan issuer   for the portion of the charge that is the issuer's responsibility   under the plan; and                            (ii)  a request for reimbursement to the   department for the portion of the charge that is the survivor's   responsibility under the plan; or                      (C)  if the survivor is not receiving assistance   or benefits described by Paragraph (A) or (B), by submitting a   request for reimbursement to the department.          (b)  A health care facility may not submit a bill to a sexual   assault survivor for any care associated with a sexual assault and   provided to the survivor.          (c)  A health care facility shall provide a sexual assault   survivor to whom the facility has provided care associated with a   sexual assault a form developed by the department that states the   survivor received care at the facility and is eligible for   reimbursement from the department for any future health care   services associated with the sexual assault.          (d)  The department shall provide reimbursement from the   sexual assault program fund established under Section 420.008,   Government Code, to a health care facility that provides a   completed application for reimbursement under this section in the   form and manner provided by the department.          SECTION 3.  Section 420.008(c), Government Code, is amended   to read as follows:          (c)  The legislature may appropriate money deposited to the   credit of the fund only to:                (1)  the attorney general, for:                      (A)  sexual violence awareness and prevention   campaigns;                      (B)  grants to faith-based groups, independent   school districts, and community action organizations for programs   for the prevention of sexual assault and programs for victims of   human trafficking;                      (C)  grants for equipment for sexual assault nurse   examiner programs, to support the preceptorship of future sexual   assault nurse examiners, and for the continuing education of sexual   assault nurse examiners;                      (D)  grants to increase the level of sexual   assault services in this state;                      (E)  grants to support victim assistance   coordinators;                      (F)  grants to support technology in rape crisis   centers;                      (G)  grants to and contracts with a statewide   nonprofit organization exempt from federal income taxation under   Section 501(c)(3), Internal Revenue Code of 1986, having as a   primary purpose ending sexual violence in this state, for programs   for the prevention of sexual violence, outreach programs, and   technical assistance to and support of youth and rape crisis   centers working to prevent sexual violence;                      (H)  grants to regional nonprofit providers of   civil legal services to provide legal assistance for sexual assault   victims;                      (I)  grants to prevent sex trafficking and to   provide services for victims of sex trafficking; and                      (J)  grants to carry out the purpose of this   chapter, including standardizing the quality of services provided,   preventing sexual assault, and improving services to survivors of   sexual assault;                (2)  the Department of State Health Services, to   measure the prevalence of sexual assault in this state, [and] for   grants to support programs assisting victims of human trafficking,   and for reimbursement of certain emergency and health care services   provided to survivors of sexual assault;                (3)  the Institute on Domestic Violence and Sexual   Assault or the Bureau of Business Research at The University of   Texas at Austin, to conduct research on all aspects of sexual   assault and domestic violence;                (4)  Texas State University, for training and technical   assistance to independent school districts for campus safety;                (5)  the office of the governor, for grants to support   sexual assault and human trafficking prosecution projects;                (6)  the department, to support sexual assault training   for commissioned officers;                (7)  the comptroller's judiciary section, for   increasing the capacity of the sex offender civil commitment   program;                (8)  the Texas Department of Criminal Justice:                      (A)  for pilot projects for monitoring sex   offenders on parole; and                      (B)  for increasing the number of adult   incarcerated sex offenders receiving treatment;                (9)  the Texas Juvenile Justice Department, for   increasing the number of incarcerated juvenile sex offenders   receiving treatment;                (10)  the comptroller, for the administration of the   fee imposed on sexually oriented businesses under Section 102.052,   Business & Commerce Code;                (11)  the supreme court, to be transferred to the Texas   Access to Justice Foundation, or a similar entity, to provide   victim-related legal services to sexual assault victims, including   legal assistance with protective orders, relocation-related   matters, victim compensation, and actions to secure privacy   protections available to victims under law;                (12)  any state agency or organization for the purpose   of conducting human trafficking enforcement programs; and                (13)  any other designated state agency for the purpose   of preventing sexual assault or improving services for victims of   sexual assault.          SECTION 4.  The changes in law made by this Act apply only to   an emergency or health care service provided on or after the   effective date of this Act.          SECTION 5.  This Act takes effect September 1, 2017.