DAR File No. 39463

Crime Victim Reparations, Administration

Section R270-1-22

Sexual Assault Forensic Examinations

Notice of Proposed Rule

(Amendment)

DAR File No.: 39463
Filed: 06/26/2015 09:15:35 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to allow Crime Victim Reparations to pay a greater amount for sexual assault forensic examinations and costs related to pharmalogical management and consultation provided for the purpose of obtaining free medications.

Summary of the rule or change:

The change allows Crime Victim Reparations to pay up to $750 for full sexual assault forensic examinations, which must include photo documentation, and also allow for Crime Victim Reparations to pay for the cost of medication and/or pharmalogical management and consultation provided for the purpose of obtaining free medications.

State statutory or constitutional authorization for this rule:

• Section 63M-7-506

Anticipated cost or savings to:

the state budget:

The amendment to the rule could have an affect on state budget as it relates to Crime Victim Reparations. The amendment allows for up to an additional $450 paid by Crime Victim Reparations, above what was previously in the rule, as it relates to the sexual assault forensic examinations.

local governments:

There are no anticipated costs or savings that are expected. The amendment to the rule could affect only the Crime Victim Reparations' budget related to the payment for sexual assault forensic examinations.

small businesses:

There are no anticipated costs or savings that are expected. The amendment to the rule could affect only the Crime Victim Reparations' budget related to the payment for sexual assault forensic examinations.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings that are expected. The amendment to the rule could affect only the Crime Victim Reparations' budget related to the payment for sexual assault forensic examinations.

Compliance costs for affected persons:

There will be no compliance costs. The amendment only allows Crime Victim Reparations to provide greater funding for sexual assault forensic examinations.

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

There are no anticipated affects that this rule will have on businesses. The amendment to this rule simply allows Crime Victim Reparations to pay a greater amount for sexual assault forensic examinations.

Ron Gordon, Executive 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
AdministrationRoom 200
350 E 500 S
SALT LAKE CITY, UT 84111-3347

Direct questions regarding this rule to:

• Gary Scheller at the above address, by phone at 801-238-2362, by FAX at 801-533-4127, or by Internet E-mail at garys@utah.gov
• Nicole Alder at the above address, by phone at 801-538-3240, by FAX at , or by Internet E-mail at nicolealder@utah.gov

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:

08/14/2015

This rule may become effective on:

08/21/2015

Authorized by:

Gary Scheller, Director

R270. Crime Victim Reparations, Administration.

R270-1. Award and Reparation Standards.

R270-1-22. Sexual Assault Forensic Examinations.

A. Pursuant to Subsections 63M-7-502(21) and 63M-7-511(4)(i), the cost of sexual assault forensic examinations for gathering evidence and providing treatment may be paid by CVR in the amount of [$300.00 without photo documentation and ]up to $750.00[$600.00 with a photo examination.] for a full examination which must include photo documentation.  Pursuant to Section 63M-7-521.5, CVR may also pay for the cost of medication and/or pharmacological management and consultation provided for the purpose of obtaining free medications and 70% of the eligible hospital services and supplies. Payment to the hospital or other eligible facility for the rent or use of an examination room or space for the purpose of conducting a sexual assault forensic exam shall not exceed $350.00. 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.

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

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

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

7. 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.

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

9. 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.

10. All collateral sources that are available for payment of the sexual assault forensic examination shall be considered before Crime Victim Reparations Trust Fund monies are used. Pursuant to Subsection 63M-7-513(5), 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.

11. Evidence will be collected only with the permission of the victim or the legal guardian of the victim.

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

13. 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.

14. 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: [April 22, 2013]2015

Notice of Continuation: June 29, 2011

Authorizing, and Implemented or Interpreted Law: 63M-7-501 et seq.