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Texas Code of Criminal Procedure - CRIM P Art. § 56A.304. Payment of Fees Related to Examination

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) On application to the attorney general and subject to Article 56A.305(e), a health care provider that provides a forensic medical examination to a sexual assault survivor in accordance with this subchapter, or the sexual assault examiner or sexual assault nurse examiner who conducts that examination in accordance with this subchapter, as applicable, is entitled to be reimbursed in an amount set by attorney general rule for:

(1) the reasonable costs of the forensic portion of that examination;

(2) the evidence collection kit; and

(3) the reasonable costs of other medical care provided to the victim during the forensic medical examination in accordance with Subchapters A and B, Chapter 323, Health and Safety Code.

(b) The application under Subsection (a) must be in the form and manner prescribed by the attorney general and must include:

(1) certification that the examination was conducted in accordance with the requirements of Article 56A.303(a); and

(2) a complete and itemized bill of the reasonable costs of the forensic portion of the examination and any additional medical care described by Subsection (a)(3).

(c) A health care provider or a sexual assault examiner or sexual assault nurse examiner, as applicable, who applies for reimbursement under Subsection (a) shall accept reimbursement from the attorney general as payment for the costs unless:

(1) the health care provider or sexual assault examiner or sexual assault nurse examiner, as applicable:

(A) requests, in writing, additional reimbursement from the attorney general; and

(B) provides documentation in support of the additional reimbursement, as reasonably requested by the attorney general; and

(2) the attorney general determines that there is a reasonable justification for additional reimbursement.

<Text of (d), as added by Acts 2021, 87th Leg., ch. 817 (H.B. 2462), § 8>

(d) A health care provider is not entitled to reimbursement under this article unless the forensic medical examination was conducted at the provider by a physician, sexual assault examiner, or sexual assault nurse examiner.

<Text of (d), as added by Acts 2021, 87th Leg., ch. 822 (H.B. 2706), § 6>

(d) A health care provider is not entitled to reimbursement under this article unless the forensic medical examination was conducted on the premises of the provider by a sexual assault examiner or sexual assault nurse examiner.

(e) On request, the attorney general may provide training to a health care provider regarding the process for applying for reimbursement under this article.

(f) A victim of a sexual assault may not be required to pay for:

(1) the forensic portion of the forensic medical examination; or

(2) the evidence collection kit.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 56A.304. Payment of Fees Related to Examination - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-56a-304/

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