SECTION 61.504. Inpatient and Intensive Psychiatric Care or Counseling Expenses

(a) Expenses relating to the victim's inpatient psychiatric hospitalization, residential treatment or intensive outpatient programs are limited to 30 days of treatment, unless good cause is shown.

(b) The OAG may require a written authorization prior to the victim's admission for treatment before making an award.

(c) Psychiatric hospitals and residential treatment centers must be licensed, certified or registered by the proper state regulatory authority.

(d) Expenses relating to inpatient psychiatric hospitalization, residential treatment or intensive outpatient programs for treatment of a claimant are not considered reasonable or necessary expenses under this chapter.

(e) A victim may receive compensation for the following, at a limit determined by the OAG, pursuant to Texas Code of Criminal Procedure Article 56.42(c):

(1) Admissions to inpatient psychiatric hospitalization care made at the direction of a licensed medical doctor will be paid. Expenses for inpatient psychiatric hospitalization care are limited as follows:

(A) if the date of the criminally injurious conduct was between September 1, 1994 and January 31, 1998, the expenses are limited to $400 per day with a maximum 30 day stay, or $12,000, and includes room, board, medications, therapeutic modalities;

(B) if the date of the criminally injurious conduct was between February 1, 1998 and August 31, 2014, the expenses are limited to $600 per day with a maximum 30 day stay, or $18,000, and includes room, board, medications, therapeutic modalities; or

(C) if the date of the criminally injurious conduct was after September 1, 2014, the expenses will be paid at the medical fee guidelines.

(2) Expenses for residential treatment center care, including partial day programs or intensive outpatient programs, are limited as follows:

(A) if the date of the criminally injurious conduct was between September 1, 1994 and January 31, 1998, the expenses are limited to $200 per day with a maximum 30-day stay, or $6,000;

(B) if the date of the criminally injurious conduct was between February 1, 1998 and August 31, 2014, the expenses are limited to $400 per day for a full day with a maximum 30 days of treatment, or $12,000;

(C) if the date of the criminally injurious conduct was between February 1, 1998 and August 31, 2014, the expenses are limited to $200 per day for a partial day program with a maximum 30 days of treatment, or $6,000; or

(D) if the date of the criminally injurious conduct was after September 1, 2014, the expenses will be paid at the medical fee guidelines.

Source Note: The provisions of this §61.504 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective October 30, 2014, 39 TexReg 8373