Part 3.
OFFICE OF THE ATTORNEY GENERAL
Chapter 61.
CRIME VICTIMS' COMPENSATION
The Office of the Attorney General (OAG) adopts amendments to §61.201
(Subchapter C, Application), §§61.402, 61.404, 61.405, and 61.411
(Subchapter E, Pecuniary Loss), §§61.503, 61.506, and 61.507 (Subchapter
F, Medical Care), and adopts new §61.508 (Subchapter F, Medical Care),
relating to the rules for the administration of the Crime Victims' Compensation
Program. The amendments and new rule are adopted without changes to the proposed
text as published in the March 18, 2005, issue of the
Texas Register
(30 TexReg 1553) and will not be republished.
The amendments and new rule will better serve victims of crime by improving
the administration of the CVC fund.
Section 61.201 clarifies who is authorized to sign an application for minors.
Section 61.402(a) specifies who is eligible to receive loss of earnings
and how to submit forms; subsections (c) and (d) clarify that the OAG will
be responsible for scheduling and paying for independent medical evaluations;
and subsection (m) limits the hours that will be paid for individual appointments
to prevent overpayment of lost earnings.
Section 61.404(a) provides for starting points other than a person's residence
for travel reimbursements; subsection (b) has been changed to accurately reflect
the covered articles; subsection (d) clarifies the employment verification
process; subsection (e) makes a technical correction to a citation; subsections
(f) and (g) change the term "compensation" to "reimbursement" for clarity
and make technical corrections to a citation; subsection (h) limits the hours
that will be paid for individual appointments to prevent overpayment of lost
earnings; and subsection (i) limits travel expenses when victims or claimants
are receiving free counseling.
Section 61.405(b) provides the procedures for child care reimbursements
and places a cap on the benefit and (e) makes a technical change to the dollar
amount listed for replacement costs.
Section 61.411(b) provides the procedures for submitting information when
compensation benefits are ongoing.
Section 61.503(d) includes reimbursement provisions for psychiatric medication
for patients receiving counseling and subsection (e) adds new language to
limit payment of health care services when someone else has been ordered to
pay as a means of ensuring collateral sources are used for payment.
Section 61.506 adds a provision to establish and define a standard of fair
and reasonable for dental care services.
Section 61.507(c) provides for the method of payment for out of state health
care services, other than acute trauma care; subsection (d) defines fair and
reasonable payments for inpatient trauma care; and subsection (e) adds provisions
to process bills submitted by service providers for amounts less than $5.00.
Section 61.508 outlines the process for reviewing health care services
and standards, defines medically necessary services, and adds provisions for
processing bills submitted more than five years after the date of service.
According to Texas Constitution, art. I, § 31, the compensation to
victims of crime (CVC) fund may be expended as provided by law only for delivering
or funding victim-related compensation, services, or assistance.
The adopted amendments and new rule accurately implement, interpret, and
prescribe the law and minimum standards of practices, procedures, and policies
of the OAG relating to the administration of the CVC fund as required by the
Administrative Procedures Act, Texas Government Code, Ch. 2001.
Texas Code of Criminal Procedure, Art. 56.33 provides that the OAG shall
adopt rules governing the administration of the CVC fund, including rules
relating to the method of filing claims, proof of entitlement to compensation,
and review of health care services.
No comments were received regarding the amendments and the new rule.
Subchapter C. APPLICATION
1 TAC §61.201
The amendments are adopted under the Texas Code of Criminal
Procedure, Art. 56.33, which authorizes the OAG to amend rules pertaining
to its administration.
The amendments effect Texas Code of Criminal Procedure, Chapter 56.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 18, 2005.
TRD-200501588
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Effective date: May 8, 2005
Proposal publication date: March 18, 2005
For information regarding this publication, you may contact A.G. Younger,
Agency Liaison, at (512) 463-2110
1 TAC §§61.402, 61.404, 61.405, 61.411
The amendments are adopted under the Texas Code of Criminal
Procedure, Art. 56.33, which authorizes the OAG to amend rules pertaining
to its administration.
The amendments effect Texas Code of Criminal Procedure, Chapter 56.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 18, 2005.
TRD-200501589
Nancy S. Fuller
Assistant Attorney General
Office of the Attorney General
Effective date: May 8, 2005
Proposal publication date: March 18, 2005
For information regarding this publication, you may contact A.G. Younger,
Agency Liaison, at (512) 463-2110
Subchapter E. PECUNIARY LOSS
Subchapter F. MEDICAL CARE