SF 3102

as introduced - 89th Legislature (2015 - 2016) Posted on 03/30/2016 09:57am

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.

new text begin Subdivision 1. new text end

new text begin Costs. new text end

(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 cost deleted text end new text begin costs new text end of the rape kit examination deleted text begin , deleted text end new text begin
and new text end associated new text begin prophylactic medications and new text end tests relating to deleted text begin the complainant's deleted text end sexually
transmitted deleted text begin disease deleted text end new text begin infection new text end status deleted text begin , deleted text end and pregnancy status new 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 applicability of this section does not depend on whether the victim reports the
offense to law enforcement or the existence or status of any investigation or prosecution.
new text end

new text begin (c) 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 (d) 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 (e) 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 (f) 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 (g) 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 (h) 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.

new text begin Subd. 2. new text end

new text begin Restitution required. new text end

new text begin The court shall order a person convicted of a
criminal sexual conduct crime to pay restitution to the entity or person that has paid the
costs associated with the examination conducted under this section.
new text end