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SF 3102

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/07/2016 10:17am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to criminal justice; clarifying the law on financial responsibility for the
costs of a medical examination for sexual assault victims; amending Minnesota
Statutes 2014, section 609.35.

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

Section 1.

Minnesota Statutes 2014, section 609.35, is amended to read:


609.35 COSTS OF MEDICAL EXAMINATION.

(a) Costs incurred by a county, city, or private hospital or other emergency medical
facility or by a private physician 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 county in which the criminal sexual conduct occurred. These costs include, but
are not limited to, full deleted text begin costdeleted text end new text begin costsnew text end of the rape kit examinationdeleted text begin ,deleted text end new text begin andnew text end associated new text begin prophylactic
medications and
new text end tests relating to deleted text begin the complainant'sdeleted text end sexually transmitted deleted text begin diseasedeleted text end new text begin infectionnew text end
statusdeleted text begin ,deleted text end and pregnancy statusnew text begin provided during the acute response. The course of care shall
follow, when practicable, the most recent guidelines for a rape kit examination and
prophylactic medications set forth by the Centers for Disease Control and Prevention
new text end .

new text begin (b) The county is required by law to pay for the examination and the victim is in no
way liable for these costs or obligated to authorize the reimbursement. The hospital shall
inform the victim of the county's responsibility to pay by providing the notice required
under section 144.6586.
new text end

deleted text begin (b)deleted text end new text begin (c)new text end 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 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 county shall inform the victim that if the victim does not authorize this,
the county 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.
deleted text end new text begin A victim's insurer may
only be billed for the costs of the examination if specifically authorized by the victim
after the examination has been performed. If the victim does not provide authorization
and the insurer is not billed for the costs of the examination, the health care provider
may submit a request for payment directly to the county for the costs associated with the
examination provided for in this section.
new text end

new text begin (d) The health care provider examination report generated as part of this examination
shall meet state and federal law requirements for patient confidentiality and include:
new text end

new text begin (1) location information supplied by the victim sufficient to identify the county in
which the assault occurred;
new text end

new text begin (2) documentation of evidence collected from the victim, including but not limited
to biological evidence, physical evidence, detailed history, and photographs; and
new text end

new text begin (3) when available, documentation of the victim's authorization for insurer billing.
new text end

new text begin (e) If the victim does not report the offense to law enforcement, the county may seek
verification of the location of the assault from the health care provider. The health care
provider shall provide this information obtained from the examination report in a separate
written form to the county in a manner that does not disclose the identity of the victim
in accordance with state and federal law.
new text end

new text begin (f) If the victim does report the offense but the location of the assault is not known,
the law enforcement agency responsible for the jurisdiction where the hospital is located
shall take initial custody of the examination kit.
new text end

deleted text begin (c)deleted text end new text begin (g)new text end 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.