- (a) Victims may receive compensation for expenses relating to acute inpatient psychiatric hospitalization care, residential treatment care, and partial day programs.
- (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 by the proper state licensing authority.
- (d) Any of the above psychiatric admissions exceeding 30 days are subject to review and approval by the OAG.
(e) A victim may receive compensation for the following, at a limit determined by the OAG, pursuant to Tex. Code Crim. Proc. Art. 56.42(c):
(1) Only admissions to acute inpatient psychiatric hospitalization care made at the direction of a licensed medical doctor and approved in accordance with general standards of utilization review will be paid. Expenses for acute inpatient psychiatric hospitalization care are limited as follows:
- (A) if the date of the criminally injurious conduct was on or after September 1, 1995, to on or before 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; or
- (B) if the date of the criminally injurious conduct was on or after February 1, 1998, the expenses are limited to $600 per day with a maximum 30-day stay, or $18,000, and includes room, board, medications, and therapeutic modalities.
(2) Expenses for residential treatment center care are limited as follows:
- (A) if the date of the criminally injurious conduct was on or after September 1, 1995, to on or before January 31, 1998, the expenses are limited to $200 per day with a maximum 30-day stay, or $6,000; or
- (B) if the date of the criminally injurious conduct was on or after February 1, 1998, the expenses are limited to $400 per day for a full day with a maximum of 30 days of treatment, or $12,000; or
- (C) if the date of the criminally injurious conduct was on or after February 1, 1998, the expenses are limited to $200 per day for a partial day program with a maximum of 30 days of treatment, or $6,000.
Source Note:The provisions of this §61.504 adopted to be effective December 15, 2002, 27 TexReg 11513.