No. 31013 (Amendment): R270-1-22. Sexual Assault Forensic Examinations

DAR File No.: 31013
Filed: 02/19/2008, 10:00
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule provides guidelines regarding payments by Crime Victim Reparations (CVR) to medical providers for sexual assault forensic examinations. This amendment clarifies responsibilities of the victim and the medical provider.

Summary of the rule or change:

The rule currently requires that the sexual assault forensic examination be reported to law enforcement in order for CVR to provide payment for the examination. This amendment clarifies that the health care provider will make that report to law enforcement. It further clarifies that the victim of the sexual assault (the patient of the sexual assault forensic examination) is not required to participate in the criminal justice system in order for CVR to make payment to the medical provider for the examination.

State statutory or constitutional authorization for this rule:

Subsections 63-25a-406(1)(c) and 63-25a-411(4)(i)

Anticipated cost or savings to:

the state budget:

CVR currently pays for sexual assault forensic examinations and CVR has been interpreting current rules consistent with this amendment. However, it is possible that some law enforcement agencies will authorize sexual assault forensic examinations that previously would not have been authorized. If so, CVR will incur additional costs associated with those examinations. The funding source for these examinations is the Crime Victim Reparation Fund. No general fund monies and no tax dollars are spent on these examinations. Any increase is expected to be minimal.

local governments:

Law enforcement agencies do not pay for the sexual assault examinations. Law enforcement officers do respond to medical facilities when such examinations are conducted. If officers respond to more exams, there will be a cost to the law enforcement agency associated with that response. Because the increase in examinations is expected to be minimal, costs, if any, to law enforcement agencies are also expected to be minimal.

small businesses and persons other than businesses:

Medical providers that provide sexual assault forensic examinations will continue to bill CVR for those examinations. Such providers may receive payment for additional examinations.

Compliance costs for affected persons:

At a minimum, medical providers will be required to call the appropriate law enforcement department and report the exam in order for the medical provider to received payment from CVR. Because this is the current practice among providers, it is not expected that this amendment will result in additional compliance costs. If there are any costs, they would be negligible as they would be the costs associated with the call to law enforcement.

Comments by the department head on the fiscal impact the rule may have on businesses:

Medical providers will continue to submit bills to CVR for payment of the sexual assault forensic examinations. This will continue to be a positive fiscal impact for those providers. No other businesses will be impacted. Ronald B. Gordon, Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Crime Victim Reparations
Administration
350 E 500 S
SALT LAKE CITY UT 84111-3347

Direct questions regarding this rule to:

Ronald B Gordon at the above address, by phone at 801-238-2367, by FAX at 801-533-4127, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/14/2008

This rule may become effective on:

04/21/2008

Authorized by:

Ronald B Gordon, Director

RULE TEXT

R270. Crime Victim Reparations, Administration.

R270-1. Award and Reparation Standards.

R270-1-22. Sexual Assault Forensic Examinations.

A. Pursuant to Subsections 63-25a-402(19) and 63-25a-411(4)(i), the cost of sexual assault forensic examinations for gathering evidence and providing treatment may be paid by the CVR office in the amount of $300.00 without photo documentation and up to $600.00 with a photo examination. The CVR office may also pay for the cost of medication and up to 85% of the hospital expenses. The following agency guidelines need to be adhered to when making payments for sexual assault forensic examinations:

1. A sexual assault forensic examination shall be reported by the health care provider who performs the examination to law enforcement.

2. Victims shall not be charged for sexual assault forensic examinations.

3. Victims shall not be required to participate in the criminal justice system or cooperate with law enforcement or prosecuting attorneys as a condition of being provided a sexual assault forensic examination or as a condition of payment being made pursuant to this rule.

[3]4. The agency may reimburse any licensed health care facility that provides services for sexual assault forensic examinations.

4. The agency may reimburse licensed medical personnel trained to gather evidence of sexual assaults who perform sexual assault forensic examinations.

5. CVR may pay for the collection of evidence and not attempt to prove or disprove the allegation of sexual assault.

6. A request for reimbursement shall include the law enforcement case number or be signed by a law enforcement officer, victim/witness coordinator or medical provider.

7. The application or billing for the sexual assault forensic examination must be submitted to CVR within one year of the examination.

8. The billing for the sexual assault forensic examination shall:

a. identify the victim by name, address, date of birth, Social Security number, telephone number, patient number;

b. indicate the claim is for a sexual assault forensic examination; and

c. itemize services and fees for services.

9. All collateral sources that are available for payment of the sexual assault forensic examination shall be considered before CVR Trust Fund monies are used. Pursuant to Subsection 63-25a-411(i), the Director may determine that reimbursement for a sexual assault forensic examination will not be reduced even though a claim could be recouped from a collateral source.

10. Evidence will be collected only with the permission of the victim or the legal guardian of the victim. Permission shall not be required in instances where the victim is unconscious, mentally incapable of consent or intoxicated.

11. Restitution for the cost of the sexual assault forensic examination may be pursued by the CVR office.

12. Payment for sexual assault forensic examinations shall be considered for the following:

a. Fees for the collection of evidence, for forensic documentation only, to include:

i. history;

ii. physical; and

iii. collection of specimens and wet mount for sperm.

b. Emergency department services to include:

i. emergency room, clinic room or office room fee;

ii. cultures for gonorrhea, chlamydia, trichomonas, and tests for other sexually transmitted disease;

iii. serum blood test for pregnancy;

iv. morning after pill or high dose oral contraceptives for the prevention of pregnancy; and

v. treatment for the prevention of sexually transmitted disease up to four weeks.

13. The victim of a sexual assault that is requesting payment by CVR for services needed or rendered beyond the sexual assault forensic examination needs to submit an application for compensation to the CVR office.

 

KEY: victim compensation, victims of crimes

Date of Enactment or Last Substantive Amendment: [January 2], 2008

Notice of Continuation: July 3, 2006

Authorizing, and Implemented or Interpreted Law: 63-25a-401 et seq.