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SF 1249

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/06/2023 03:35pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to crime; requiring state to pay medical examination costs for criminal
sexual conduct victim; amending Minnesota Statutes 2022, section 609.35.

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

Section 1.

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 privatedeleted text end hospital or other emergency medical
facility or by a deleted text begin privatedeleted text end physiciannew text begin , sexual assault nurse examiner, forensic nurse, or other
licensed health care providernew 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 evidencedeleted text end new text begin that occurred in
the statenew text end shall be paid by the deleted text begin county in which the criminal sexual conduct occurreddeleted text end new text begin statenew 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 kitdeleted text end new text begin medical forensicnew text end
examination, associated tests new text begin and treatments new text end relating to deleted text begin the complainant'sdeleted text end sexually transmitted
deleted text begin disease statusdeleted text end new text begin infectionnew text end , and pregnancy statusnew text begin , including emergency contraceptionnew 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 countydeleted text end new text begin The hospital or other
licensed health care provider performing the examinationnew 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 countydeleted text end new text begin
hospitalnew text end shall inform the victim that if the victim does not authorize this, the deleted text begin countydeleted text end new text begin statenew 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