HF 1279

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/11/2023 12:11pm

A bill for an act
relating to crime; requiring state to pay medical examination costs for criminal
sexual conduct victim; appropriating money; amending Minnesota Statutes 2022,
sections 144.6586, subdivision 2; 145.4712; 609.35.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 144.6586, subdivision 2, is amended to read:

Subd. 2.

Contents of notice.

The commissioners of health and public safety, in
consultation with sexual assault victim advocates and health care professionals, shall develop
the notice required by subdivision 1. The notice must inform the victim, at a minimum, of:

(1) the obligation under section 609.35 of the deleted text begin county where the criminal sexual conduct
occurred deleted text end new text begin state new text end to pay for the examination performed for the purpose of gathering evidence,
that payment is not contingent on the victim reporting the criminal sexual conduct to law
enforcement, and that the victim may incur expenses for treatment of injuries;

(2) the victim's rights if the crime is reported to law enforcement, including the victim's
right to apply for reparations under sections 611A.51 to 611A.68, information on how to
apply for reparations, and information on how to obtain an order for protection or a
harassment restraining order; and

(3) the opportunity under section 611A.27 to obtain status information about an
unrestricted sexual assault examination kit, as defined in section 299C.106, subdivision 1,
paragraph (h).

Sec. 2.

Minnesota Statutes 2022, section 145.4712, is amended to read:

145.4712 EMERGENCY CARE TO SEXUAL ASSAULT VICTIMS.

Subdivision 1.

Emergency care to female sexual assault victims.

(a) It shall be the
standard of care for all hospitals new text begin and other health care providers new text end that provide emergency
care to, at a minimum:

(1) provide each female sexual assault victim with medically and factually accurate and
unbiased written and oral information about emergency contraception from the American
College of Obstetricians and Gynecologists and distributed to all hospitals by the Department
of Health;

(2) orally inform each female sexual assault victim of the option of being provided with
emergency contraception at the hospital new text begin or other health care facility new text end ; and

(3) immediately provide emergency contraception to each sexual assault victim who
requests it provided it is not medically contraindicated and is ordered by a legal prescriber.
Emergency contraception shall be administered in accordance with current medical protocols
regarding timing and dosage necessary to complete the treatment.

(b) A hospital new text begin or health care provider new text end may administer a pregnancy test. If the pregnancy
test is positive, the hospital new text begin or health care provider new text end does not have to comply with the
provisions in paragraph (a).

Subd. 2.

Emergency care to male and female sexual assault victims.

It shall be the
standard of care for all hospitals new text begin and health care providers new text end that provide emergency care to,
at a minimum:

(1) provide each sexual assault victim with factually accurate and unbiased written and
oral medical information about prophylactic antibiotics for treatment of sexually transmitted
deleted text begin diseases deleted text end new text begin infections new text end ;

(2) orally inform each sexual assault victim of the option of being provided prophylactic
antibiotics for treatment of sexually transmitted deleted text begin diseases deleted text end new text begin infections new text end at the hospital new text begin or other
health care facility new text end ; and

(3) immediately provide prophylactic antibiotics for treatment of sexually transmitted
deleted text begin diseases deleted text end new text begin infections new text end to each sexual assault victim who requests it, provided it is not medically
contraindicated and is ordered by a legal prescriber.

Sec. 3.

Minnesota Statutes 2022, section 609.35, is amended to read:

609.35 COSTS OF MEDICAL EXAMINATION.

(a) Costs incurred by a deleted text begin county, city, or private deleted text end hospital or other emergency medical
facility or by a deleted text begin private deleted text end physician new text begin , sexual assault nurse examiner, forensic nurse, or other
licensed health care provider new text end for the examination of a victim of criminal sexual conduct
deleted text begin when the examination is performed for the purpose of gathering evidence deleted text end new text begin that occurred in
the state new text end shall be paid by the deleted text begin county in which the criminal sexual conduct occurred deleted text end new text begin state new text end .
These costs include, but are not limited to, new text begin the new text end full cost of the deleted text begin rape kit deleted text end new text begin medical forensic new text end
examination, associated tests new text begin and treatments new text end relating to deleted text begin the complainant's deleted text end sexually transmitted
deleted text begin disease status deleted text end new text begin infection new text end , and pregnancy status new text begin , including emergency contraception new text end . new text begin A hospital,
emergency medical facility, or health care provider shall submit the costs for examination
and any associated tests and treatment to the Office of Justice Programs for payment. Upon
receipt of the costs, the commissioner shall provide payment to the facility or health care
provider. The cost of the examination and any associated test and treatments shall not exceed
the amount of $1,400. Beginning on January 1, 2024, the maximum amount of an award
shall be adjusted annually by the inflation rate.
new text end

(b) Nothing in this section shall be construed to limit the duties, responsibilities, or
liabilities of any insurer, whether public or private. deleted text begin However, a county deleted text end new text begin The hospital or other
licensed health care provider performing the examination new text end may seek insurance reimbursement
from the victim's insurer only if authorized by the victim. This authorization may only be
sought after the examination is performed. When seeking this authorization, the deleted text begin county deleted text end new text begin
hospital or other licensed health care provider new text end shall inform the victim that if the victim does
not authorize this, the deleted text begin county deleted text end new text begin state new text end is required by law to pay for the examination and that
the victim is in no way liable for these costs or obligated to authorize the reimbursement.

(c) The applicability of this section does not depend upon whether the victim reports
the offense to law enforcement or the existence or status of any investigation or prosecution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023, and applies to any
examination that occurs on or after that date.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general
fund to the commissioner of public safety to reimburse qualified health care providers for
the expenses associated with medical examinations administered to victims of criminal
sexual conduct as required under Minnesota Statutes, section 609.35.
new text end