HF 4303

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 05:35pm

A bill for an act
relating to state government; requiring the state to pay for costs incurred by a
hospital or health care provider for the examination of a victim of criminal sexual
conduct; amending Minnesota Statutes 2020, sections 144.6586, subdivision 2;
609.35.

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

Section 1.

Minnesota Statutes 2020, 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 2020, 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 or other licensed health care provider new text end for the examination
of a victim of criminal sexual conduct when the examination is performed for the purpose
of gathering evidence 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, full cost of the rape kit examination,
associated tests relating to the complainant's sexually transmitted disease status, and
pregnancy status. new text begin A hospital, emergency medical facility, or health care provider shall
submit the costs for the examination and any associated tests to the commissioner of public
safety 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 tests
shall not exceed the amount of $1,400.
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. However, deleted text begin a county deleted text end new text begin the state 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 state 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 (d) The commissioner of public safety shall assess a hospital, emergency medical facility,
or health care provider with a civil penalty in the amount of $25,000 per violation if the
facility or health care provider directly bills a victim for the cost of an examination or
associated tests in violation of this section. Any penalty collected by the commissioner
under this paragraph shall be deposited in the general fund.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2023 is appropriated from the general fund to the commissioner of
public safety to pay for the cost of the medical examination in accordance with Minnesota
Statutes, section 609.35.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective July 1, 2022, and apply to any examination that occurs
on or after that date.
new text end