SECTION 61.503. Psychiatric Care or Counseling Expenses

(a) Pursuant to Texas Code of Criminal Procedure Article 56.42(c), the OAG limits compensation for psychiatric care or counseling to:

(1) for criminally injurious conduct between October 12, 1992 and August 31, 1994, $3,000 or 40 sessions per victim or $1,000 per eligible residing family members;

(2) for criminally injurious conduct between September 1, 1994 and December 14, 2002, $3,000 or 40 sessions per victim or claimant;

(3) for criminally injurious conduct between December 15, 2002 and August 31, 2014, $3,000 per victim or claimant; and

(4) for criminally injurious conduct after September 1, 2014, 60 sessions per victim or claimant.

(b) Under unusual facts and circumstances, additional sessions may be allowed, but are limited to those that are authorized and approved by the OAG.

(c) Eligible providers must be health care service providers with a professional license. The types of licenses approved by the OAG to provide psychiatric care or counseling are listed on the OAG's website at https://www.texasattorneygeneral.gov/victims/.

(d) Reimbursement for related psychiatric medication for victims or claimants may be limited to one year from the date of crime, or when the psychiatric care or counseling limits are reached.

(e) When psychiatric care or counseling has been ordered by the court, the OAG may deny payment if another party has been ordered to make payments or if a victim receiving counseling has been ordered to undergo counseling as an offender.

(f) Reimbursement for psychiatric care or counseling for victims or claimants must be submitted to the OAG within three years of the date of service, unless the OAG finds good cause for an extension.

Source Note: The provisions of this §61.503 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective May 8, 2005, 30 TexReg 2491; amended to be effective November 14, 2007, 32 TexReg 8118; amended to be effective October 30, 2014, 39 TexReg 8373