December 14, 2016, Introduced by Senators SCHUITMAKER and WARREN and referred to the Committee on Judiciary.
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
will 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), and (d).
(b) $150.00 for colposcopy or high-resolution digital
photography, or both, 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 department of health and human services may determine
reimbursement rates to a health care provider for laboratory
services and the cost of dispensing pharmaceuticals under this
section in accordance with the reimbursement rates allowed under
Medicare for similar services and expenses.
(9)
(8) A claim for compensation under subsection (7) shall
must 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
is 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 claimants under section 6, the
victim's
request for administration of
a sexual assault medical
forensic
examination evidence kit satisfies the requirements for a
victim's
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.
(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.