Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter B - DEFINITIONS › Section 61.101 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  words and terms, when used in this chapter, shall have the following meanings:
(1) Application--A request for compensation
				  in accordance with Texas Code of Criminal Procedure Article 56.36(a), including
				  an emergency medical care application.
(2) Closed Application--An application which
				  has been administratively closed under §
											RSA 61.3 of
				  this chapter (relating to Closing Applications). The administrative closure of
				  an application will prevent further payments, reimbursements or other claim
				  processing to occur unless the application is reopened under §
											RSA
				  61.3(b) of this
				  chapter.
(3) Disability Period--The
				  length of time that a victim has a medically determinable physical or mental
				  impairment that causes the victim to be unable to perform their work as a
				  direct result of the criminally injurious conduct. For a victim under 18, the
				  disability period means the length of time the victim has a medically
				  determinable physical or mental impairment, or a combination of impairments,
				  that causes marked and severe functional limitations as a direct result of the
				  criminally injurious conduct. The disability period must be determined by a
				  Medical Doctor (M.D.), Doctor of Osteopathy (D.O.), or the OAG.
(4) Extraordinary Pecuniary Losses--As used
				  in Texas Code of Criminal Procedure Article 56.42(b), means economic losses
				  which exceed the limits on compensation in effect on the date of the criminally
				  injurious conduct giving rise to the application for compensation.
				  Extraordinary pecuniary losses may include loss of earnings, but only in
				  addition to the statutorily enumerated costs, which are further described in
				  §
											RSA
				  61.407 of this chapter (relating to
				  Additional Compensation for Extraordinary Pecuniary Losses).
(5) Funeral Purchase Agreement--A written
				  statement of funeral goods and services signed by a claimant and a
				  representative of the service provider which itemizes the cost of funeral
				  services or merchandise selected by a claimant. The agreement may or may not
				  include terms governing burial expenses, but it must include the following
				  information:
(A) the funeral goods and funeral
				  services selected by that person and the prices to be paid for each, unless
				  there is an itemized discounted package arrangement;
(B) specifically itemized cash advance items;
				  and
(C) the total cost of the goods
				  and services selected.
(6) Health Care Service Provider--Any person
				  or entity that provides medical, psychiatric care or counseling services, and
				  includes a doctor or other person duly licensed to practice one or more of the
				  healing arts, a health care facility, or an entity providing health
				  care.
(7) Incarcerated--A person
				  who is confined in a penal institution as a result of being arrested for,
				  charged with, or convicted of a criminal offense. This term also includes
				  persons who have been detained in a confined space pending or during transport
				  to or from a penal institution.
(8)
				  Interested Person--As used in Texas Code of Criminal Procedure Article
				  56.40(c), includes a victim and any valid claimants whose application for
				  compensation may be affected by the outcome of a final ruling hearing and does
				  not include the accused criminal offender or non-claimant creditors.
(9) Law enforcement agency--As used in Texas
				  Code of Criminal Procedure Chapter 56, means a governmental organization that
				  employs commissioned peace officers as defined by Texas Code of Criminal
				  Procedure Article 2.12.
(10)
				  Medical--As used in Texas Code of Criminal Procedure Article 56.32(a)(9)(A),
				  means medical, hospital, nursing, physical therapy or dental services and
				  includes the costs of medical treatment, or any other medical cost deemed
				  appropriate by the OAG. Except for an admission to a hospital or clinic for
				  in-patient psychiatric treatment, a residential treatment center, or intensive
				  outpatient programs, the term medical does not include psychiatric care or
				  counseling, as that term is defined in this chapter.
(11) Medically Indicated Services--As used in
				  Texas Code of Criminal Procedure Article 56.32(a)(9)(B)(ii), means medical
				  treatment, or psychiatric care or counseling related to the disability period
				  resulting from the personal injury which is ordered and provided by a heath
				  care service provider.
(12)
				  Medically Necessary--As used in Texas Code of Criminal Procedure Article
				  56.385, refers to services that a health care service provider, exercising
				  prudent clinical judgment, would provide to a victim or claimant for the
				  purpose of evaluating, diagnosing or treating an illness, injury, disease or
				  its symptoms.
(13) Penal
				  Institution--As used in Texas Code of Criminal Procedure Article 56.41(b)(6)
				  and as defined in the Texas Penal Code §
											RSA 1.07, refers to a
				  place designated by law for confinement of persons arrested for, charged with,
				  or convicted of an offense.
(14)
				  Physical Therapy--As used in Texas Code of Criminal Procedure Article
				  56.32(a)(9)(A), refers to treatment prescribed by a M.D., D.O., or Chiropractic
				  Doctor (D.C.), conducted under the direct supervision of the M.D., D.O., D.C.,
				  or a physical therapist, and means health care services that prevent, identify,
				  correct, or alleviate acute or prolonged movement dysfunction or pain of
				  anatomical or physiological origin.
(15) Psychiatric Care or Counseling--As used
				  in Texas Code of Criminal Procedure Articles 56.32(a)(9)(A) and
				  56.32(a)(2)(D)(I), means psychiatric care or counseling performed by a mental
				  health service provider with a professional license and may include any
				  modality recognized by the Texas Department of Insurance, Division of Workers
				  Compensation in their medical fee guidelines. The types of licenses approved by
				  the OAG to provide psychiatric care or counseling are listed on the OAG
				  website. The term psychiatric care or counseling does not include an admission
				  to a hospital or clinic for in-patient psychiatric treatment, admission to a
				  residential treatment center or intensive outpatient programs, which are
				  considered medical expenses.
(16)
				  Reports--As used in Texas Code of Criminal Procedure Article 56.38(d), includes
				  both written and oral reports from a law enforcement agency as deemed
				  appropriate by the OAG.
(17)
				  Resident--As used in Texas Code of Criminal Procedure Article
				  56.32(a)(11)(A)(ii), means a person who has a domicile in Texas or who lives
				  for more than a temporary period in Texas, another state of the United States,
				  the District of Columbia, the Commonwealth of Puerto Rico, or a possession or
				  territory of the United States.
(18) Service Provider--Any provider of
				  compensable services to a victim or claimant including, but not limited to,
				  health care service providers, mental health counselors, funeral or burial
				  service providers, child care providers, landlords, moving companies, or any
				  other person or entity who is eligible to receive direct payments from the OAG
				  on behalf of a victim or claimant under Texas Code of Criminal Procedure
				  Article 56.44(d) for pecuniary losses under Texas Code of Criminal Procedure
				  Article 56.32(a)(9).
(19) Total and
				  Permanent Disability--As used in Texas Code of Criminal Procedure Article
				  56.42(b), means the victim is not likely to recover from their crime related
				  personal injury such that an M.D. or D.O. may certify with reasonable medical
				  certainty that a disabling condition will continue indefinitely and results in
				  the victim's disqualification or inability to perform the usual tasks of a
				  worker in such a way as to leave the victim at a substantial disadvantage in
				  the competitive labor market for any type of work. The term does not require
				  permanent unemployment.
(20)
				  Trafficking of Persons--As defined by Texas Code of Criminal Procedure Article
				  56.32(a)(14), means any offense that results in a person engaging in forced
				  labor or services and that may be prosecuted under Texas Penal Code
				  §§
											RSA
				  20A.02,
				  RSA
				  20A.03,
				  RSA
				  43.03,
				  RSA
				  43.04,
				  RSA
				  43.05,
				  RSA
				  43.25,
				  RSA
				  43.251, or
				  RSA
				  43.26.