HB-4505, As Passed House, June 20, 2017

SUBSTITUTE FOR

HOUSE BILL NO. 4505

     A bill to amend 1976 PA 223, entitled

"An act to create an agency concerned with crime victim services;

to prescribe its powers and duties; to provide compensation to

certain victims of crimes; to provide for the promulgation of

rules; and to provide for penalties,"

by amending section 5a (MCL 18.355a), as added by 2008 PA 391.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 5a. (1) A health care provider is eligible to be paid for

a sexual assault medical forensic examination under this section

only if that examination includes all of the following:

     (a) The collection of a medical history.

     (b) A general medical examination, including, but not limited

to, the use of laboratory services and the dispensing of prescribed

pharmaceutical items.

     (c) One or more of the following:

     (i) A detailed oral examination.

     (ii) A detailed anal examination.

     (iii) A detailed genital examination.

     (d) Administration of a sexual assault evidence kit under

section 21527 of the public health code, 1978 PA 368, MCL

333.21527, and related medical procedures and laboratory and

pharmacological services.

     (2) A health care provider shall not submit a bill for any

portion of the costs of a sexual assault medical forensic

examination to the victim of the sexual assault, including any

insurance deductible or co-pay, denial of claim by an insurer, or

any other out-of-pocket expense.

     (3) A health care provider seeking payment under this section

for a sexual assault medical forensic examination shall do all of

the following:

     (a) Advise the victim, orally and in writing, that a claim

shall not be submitted to his or her insurance carrier without his

or her express written consent, and that he or she may decline to

consent if he or she believes that submitting a claim to the

insurance carrier would substantially interfere with his or her

personal privacy or safety.

     (b) If the victim gives his or her consent as provided under

subdivision (a), submit a claim for the cost of a sexual assault

medical forensic examination to the victim's insurance carrier,

including, but not limited to, medicaid and medicare.Medicaid and

Medicare.

     (4) A health care provider may seek payment from 1 or both of

the following if reimbursement cannot be obtained from the victim's

insurance or insurance is unavailable:

     (a) The commission under this section.

     (b) From another entity other than the victim.

     (5) A health care provider that is reimbursed for a sexual

assault medical forensic examination by a victim's insurance

carrier shall not submit to the commission any portion of the claim

reimbursable by the insurance carrier.

     (6) A health care provider that is reimbursed for a sexual

assault medical forensic examination by another entity shall not

submit to the commission any portion of the claim reimbursable by

the other entity.

     (7) The commission shall pay a health care provider not more

than $600.00 $1,200.00 for the cost of performing a sexual assault

medical forensic examination, including, but not limited to, the

cost of 1 or more of the following:

     (a) Not more than $400.00 $600.00 for the use of an emergency

room, clinic, or examination room, and the sexual assault medical

forensic examination and related procedures other than services and

items described in subdivisions (b) and (c).to (d).

     (b) $150.00 for colposcopy or high-resolution digital

photography to document injury or other evidence related to the

sexual assault.

(c) (b) Not more than $125.00 for laboratory Laboratory

services related to the sexual assault.

(d) (c) Not more than $75.00 for dispensing Dispensing

pharmaceutical items related to the sexual assault.

     (8) The commission shall pay a health care provider for

laboratory and pharmaceutical services in the amount allowed by

Medicare for those services.

(9) (8) A claim for compensation under subsection (7) shall be

submitted to the commission in a form and in the manner prescribed

by the commission.

(10) (9) Except with the victim's consent or as otherwise

provided in this subsection, information collected by the

commission under this section that identifies a victim of sexual

assault is exempt from disclosure under the freedom of information

act, 1976 PA 442, MCL 15.231 to 15.246, shall not be obtained by

subpoena or in discovery, and is inadmissible as evidence in any

civil, criminal, or administrative proceeding. Information

collected by the commission under this section that identifies a

victim of sexual assault is confidential and shall only be used for

the purposes expressly provided in this act, including, but not

limited to, investigating and prosecuting a civil or criminal

action for fraud related to reimbursement provided by the

commission under this section.

(11) (10) A victim of sexual assault shall not be required to

participate in the criminal justice system or cooperate with law

enforcement as a condition of being administered a sexual assault

medical forensic examination. For payments authorized under this

section or for payments made to victims under section 6, the

victim's request for administration to the victim of a sexual

assault medical forensic examination satisfies the requirements for

prompt law enforcement reporting and victim cooperation under

sections 6 and 10.

(12) (11) As used in this section:

     (a) "Health care provider" means any of the following:

     (i) A health professional licensed or registered under article

15 of the public health code, 1978 PA 368, MCL 333.16101 to

333.18838.

     (ii) A health facility or agency licensed under article 17 of

the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.

     (iii) A local health department as that term is defined in

section 1105 of the public health code, 1978 PA 368, MCL 333.1105.

     (b) "Sexual assault" means a criminal violation of sections

520a to 520l of the Michigan penal code, 1931 PA 328, MCL 750.520a

to 750.520l.750.520n.

     (c) "Sexual assault medical forensic examination" means that

term as described in subsection (1)(a) to (d).

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.