(a) On application to the attorney general, 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 the examination, 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; and
(2) the evidence collection kit.
(b) The application under Subsection (a) must be in the form and manner prescribed by the attorney general and must include:
(1) the documentation of the law enforcement agency's request for the forensic medical examination, as required under Article 56A.251(d); and
(2) a complete and itemized bill of the reasonable costs of the forensic portion of the examination.
(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 subsection as added by Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 2
(d) A health care provider is not entitled to reimbursement under this article unless the forensic medical examination is conducted on the premises of the provider by a sexual assault examiner or sexual assault nurse examiner.
Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 817 (H.B. 2462), Sec. 5
(d) A health care provider is not entitled to reimbursement under this article unless the forensic medical examination was conducted by a physician, 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.05, eff. January 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 817 (H.B. 2462), Sec. 5, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 822 (H.B. 2706), Sec. 2, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 4.010(c), eff. September 1, 2021.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 56A - Rights of Crime Victims
Subchapter F. Forensic Medical Examination of Sexual Assault Victim Reporting Assault
Article 56A.2505. Applicability
Article 56A.251. Request for Forensic Medical Examination
Article 56A.252. Payment of Costs of Examination
Article 56A.253. Payment of Costs Related to Testimony
Article 56A.254. Payment of Costs for Certain Medical Care