HLS 15RS-1935 ENGROSSED
2015 Regular Session
HOUSE BILL NO. 835 (Substitute for House Bill No. 194 by Representative Moreno)
BY REPRESENTATIVES MORENO, ADAMS, ARNOLD, CONNICK, GAINES,
GAROFALO, HARRISON, JAMES, JEFFERSON, MIKE JOHNSON, NANCY
LANDRY, LEOPOLD, MACK, JAY MORRIS, AND THIERRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH/MEDICAL TREATMENT: Provides relative to the examination, treatment, and
billing of victims of sexually-oriented criminal offenses
1 AN ACT
2To amend and reenact R.S. 13:5713(F) and R.S. 15:622(A)(2) and (4) and R.S. 46:1802(4),
3 (7) through (10), 1806(B), (C), and (D), 1809(B)(3) and (4)(a), and 1817(A) and to
4 enact Part XLIV of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950,
5 to be comprised of R.S. 40:1300.41, and R.S. 46:1802(10.1), (11), (12), and (13),
6 1806(E), and 1807(B)(7) and to repeal R.S. 40:2109.1, relative to the treatment and
7 billing of victims of a sexually-oriented criminal offense; to require the coroner to
8 examine victims; to require the use of a barcode to maintain confidentiality; to
9 provide for the transfer of evidence; to provide for the forensic medical examination;
10 to provide for ancillary healthcare services; to require a regional sexual assault
11 response plan; to provide for input by stakeholders; to provide procedures for the
12 billing of services provided to a victim; to authorize certain licensure disciplinary
13 actions for violations; to provide relative to forensic medical examinations; to
14 provide for certain application requirements for reparations relative to victims of
15 sexually-oriented criminal offenses; to require the Crime Victims Reparations Board
16 to promulgate rules and regulations; to provide for certain eligibility provisions; to
17 provide for notification requirements; to provide for definitions; and to provide for
18 related matters.
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1Be it enacted by the Legislature of Louisiana:
2 Section 1. R.S. 13:5713(F) is hereby amended and reenacted to read as follows:
3 §5713. Duty to hold autopsies, investigations, etc.
4 * * *
5 F. The coroner or his designee shall examine all alleged victims of rape,
6 carnal knowledge, sexual battery, and crime against nature when such cases are
7 under police investigation a sexually-oriented criminal offense. The coroner may
8 select the hospital or healthcare provider named as the lead entity for sexual assault
9 examinations in the regional plan required by R.S. 40:1300.41 as his designee to
10 perform the forensic medical examination.
11 * * *
12 Section 2. R.S. 15:622(A)(2) and (4) are hereby amended and reenacted to read as
13follows:
14 §622. Sexual assault collection kits
15 A. As used in this Section:
16 * * *
17 (2) "Forensic medical examination" means an examination provided to the
18 victim of a sexually-oriented criminal offense by a health care provider for the
19 purpose of gathering and preserving evidence of a sexual assault for use in a court
20 of law. A forensic medical examination shall only include the following:
21 (a) Examination of physical trauma.
22 (b) Determination of penetration or force.
23 (c) Patient interview, including medical history, triage, and consultation.
24 (d) Collection and evaluation of evidence, including but not limited to the
25 following:
26 (i) Photographic documentation.
27 (ii) Preservation and maintenance of chain of custody.
28 (iii) Medical specimen collection.
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1 (iv) When determined necessary by the healthcare provider, an alcohol and
2 drug facilitated sexual assault assessment and toxicology screening.
3 * * *
4 (4) "Sexually-oriented criminal offense" includes any sexual assault offense
5 as defined in R.S. 44:51 and any sexual abuse offense as defined in R.S. 14:403 R.S.
6 15:541(24).
7 * * *
8 Section 3. Part XLIV of Chapter 5 of Title 40 of the Louisiana Revised Statutes of
91950, to be comprised of R.S. 40:1300.41, is hereby enacted to read as follows:
10 PART XLIV. PROCEDURES FOR RENDERING HEALTHCARE SERVICES TO
11VICTIMS OF SEXUALLY-ORIENTED CRIMINAL OFFENSES
12 §1300.41. Procedures for victims of a sexually-oriented criminal offense; immunity;
13 regional plans; maximum allowable costs; definitions
14 A. All licensed hospitals and healthcare providers in Louisiana shall adhere
15 to the following procedures in the event that a person, male or female, presents
16 himself or herself or is presented for treatment as a victim of a sexually-oriented
17 criminal offense:
18 (1) The victim shall make the decision of whether or not the incident will be
19 reported to law enforcement officials. No hospital or healthcare provider shall
20 require the person to report the incident in order to receive medical attention.
21 (2)(a) If the victim does not wish to report the incident to law enforcement
22 officials, the victim shall be examined and treated as any other patient. Any injuries
23 requiring medical attention shall be treated in the standard manner. Tests and
24 treatments exclusive to a victim of a sexually-oriented criminal offense shall be
25 explained to the patient. The patient shall decide whether or not such tests shall be
26 conducted.
27 (b) Any examination and treatment shall include the preservation, in strict
28 confidentiality, for a period of at least one year from the time the victim is presented
29 for treatment, of tests or procedures, or both, and samples that may serve as potential
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1 evidence. The patient shall be informed of the length of time for which the
2 specimens will be preserved. If the victim does not wish to report the incident to law
3 enforcement authorities, the responsibilities of the hospital or healthcare provider,
4 beyond medical treatment, shall be limited to the collection of tests, procedures, or
5 samples that may serve as potential evidence.
6 (c) Any evidence collected shall be assigned a code number and the hospital
7 or healthcare provider shall maintain code records for a period of at least one year
8 from the date the victim is presented for treatment. The hospital or healthcare
9 provider shall assign the code number by affixing to the evidence container a
10 barcode to be used in lieu of the victim's identifying information to maintain
11 confidentiality. The code number is to be used for identification should the victim
12 later choose to report the incident.
13 (d) For unreported cases, once a code number has been assigned, custody of
14 the evidence shall be transferred to an appropriate criminal justice agency or the
15 local law enforcement agency having jurisdiction in the parish in which the crime
16 occurred or to the appropriate criminal justice agency or local law enforcement
17 agency having jurisdiction in the parish in which the hospital or healthcare provider
18 is located, if the jurisdiction of the crime is unknown, and responsibility for the
19 custody of the evidence shall belong to that criminal justice agency or local law
20 enforcement agency. The law enforcement agency shall retrieve the evidence no
21 later than seven days after receiving notification that a code number has been
22 assigned to the evidence. The hospital or healthcare provider shall coordinate the
23 transfer of the evidence with the criminal justice agency or law enforcement agency
24 in a manner designed to protect its evidentiary integrity. Evidence which is
25 transferred to the custody of the appropriate criminal justice agency or local law
26 enforcement agency shall bear only the code number assigned by the hospital or
27 healthcare provider.
28 (3) If the victim wishes to report the incident to law enforcement officials,
29 the hospital staff or healthcare provider shall contact the appropriate law
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1 enforcement agency. After the incident has been reported, the victim shall be
2 examined and treated as any other patient, any injuries requiring medical attention
3 will be treated in the standard manner, and specimens shall be kept for evidence.
4 The evidence shall be turned over to the law enforcement officers when they arrive
5 to assume responsibility for investigation of the incident and in no event shall the
6 evidence remain at the hospital more than seven days after the law enforcement
7 agency receives the notification from the hospital.
8 (4)(a) Notwithstanding any other provisions of this Section, if any person
9 sixteen years old or younger presents himself or herself or is presented for treatment
10 as a victim of a sexually-oriented criminal offense, the hospital or healthcare
11 provider shall immediately notify the appropriate law enforcement official. The
12 appropriate law enforcement official shall have seven days from the receipt of the
13 notification to retrieve any evidence collected by the hospital pursuant to this
14 Subparagraph.
15 (b) The coroner of the parish, the district attorney, appropriate law
16 enforcement officials, hospital personnel, and healthcare providers may develop
17 procedures pursuant to R.S. 15:440.1 through 440.6 to make a videotape of the
18 person provided for in Subparagraph (a) of this Paragraph when a person fourteen
19 years old or under has been the victim of physical or sexual abuse. The costs of such
20 videotaping may be allocated among the agencies and facilities involved.
21 (5) Notwithstanding any other provisions of this Section if the victim is
22 physically or mentally incapable of making the decision, the hospital or healthcare
23 provider shall immediately notify the appropriate law enforcement officials.
24 (6) No hospital or healthcare provider shall directly bill a victim of a
25 sexually-oriented criminal offense for any healthcare services rendered in conducting
26 a forensic medical examination as provided for in R.S. 15:622. Such expenses shall
27 include the following:
28 (a) Forensic examiner and hospital or healthcare facility services directly
29 related to the exam, including integral forensic supplies.
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1 (b) Scope procedures directly related to the forensic exam including but not
2 limited to anoscopy and colposcopy.
3 (c) Laboratory testing directly related to the forensic examination, including
4 drug screening, urinalysis, pregnancy screening, syphilis screening, chlamydia
5 culture, gonorrhea coverage culture, blood test for HIV screening, hepatitis B and C,
6 herpes culture, and any other sexually transmitted disease testing directly related to
7 the forensic examination.
8 (d) Any medication provided during the forensic medical examination.
9 (7) A healthcare provider may submit a claim for healthcare services
10 rendered in conducting a forensic medical exam for a victim of a sexually-oriented
11 offense to any of the following:
12 (a) With the consent of the victim, to the victim's health insurance issuer.
13 Notwithstanding any provision to the contrary, a health insurance issuer receiving
14 a claim for covered healthcare services rendered in conducting a forensic medical
15 exam shall waive any applicable deductible, co-insurance, and co-pay and the
16 healthcare provider shall submit a claim to the Crime Victim Reparation Fund for
17 satisfaction of any non-covered services, not to exceed one thousand dollars. In
18 addition, the health insurance issuer shall allow the victim to designate any address
19 to be used for purposes of transmitting an explanation of benefits or allow the victim
20 to designate that no explanation of benefits be generated or transmitted.
21 (b) The Louisiana Medicaid program, Medicare, or Tricare programs, if the
22 victim is enrolled as beneficiary of any of these programs.
23 (c) If the victim does not consent to the healthcare provider submitting a
24 claim to his or her health insurance issuer or the victim is not otherwise insured, the
25 Crime Victims Reparations Board. The Crime Victim Reparations Board shall
26 reimburse at the rate as promulgated by the board for healthcare services rendered
27 but in no case shall reimburse in any amount greater than one thousand dollars.
28 (8) Except for those services specifically set forth in the provision of this
29 Section, no other services shall be subject to the reimbursement or billing provisions
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1 of this Section and shall continue to be reimbursable under the ordinary billing
2 procedures of the hospital or healthcare provider. In addition, a victim of a sexually-
3 oriented offense may seek reimbursement for these services through the Crime
4 Victims Reparations Board.
5 (9) The department shall make available to every hospital and healthcare
6 provider licensed under the laws of this state a pamphlet containing an explanation
7 of the billing process for services rendered pursuant to this Section. Every hospital
8 and healthcare provider shall provide a copy of the pamphlet to any person presented
9 for treatment as a victim of a sexually-oriented criminal offense.
10 B.(1) These procedures shall constitute minimum standards for the operation
11 and maintenance of hospitals under the provisions of this Part and failure to comply
12 with the standards shall constitute grounds for denial, suspension, or revocation of
13 license under provisions of this Part.
14 (2) Failure to comply with the provisions of this Section shall constitute
15 grounds for denial, suspension, or revocation of the healthcare provider's license by
16 the appropriate licensing board or commission.
17 C. When a licensed hospital or healthcare provider fails to examine and treat
18 a person, male or female, who has presented himself or herself or who has been
19 presented as a victim of a sexually-oriented criminal offense, the coroner of the
20 parish or his designee shall examine the alleged victim and, if necessary, make
21 arrangements for the treatment of the victim. The coroner may select the hospital or
22 healthcare provider named as the lead entity for sexual assault examinations in the
23 regional plan required by this Section as his designee to perform the forensic medical
24 examination. No coroner shall refuse to examine and assist an alleged victim on the
25 grounds the alleged offense occurred outside of or the victim is not a resident of the
26 jurisdiction. Nothing in this Subsection shall relieve a licensed hospital or healthcare
27 provider of its obligations under Subsections A and B of this Section.
28 D.(1) Any member of the hospital staff or a healthcare provider who in good
29 faith notifies the appropriate law enforcement official pursuant to Paragraphs (4) and
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1 (5) of Subsection A of this Section shall have immunity from any civil liability that
2 otherwise might be incurred or imposed because of the notification. The immunity
3 shall extend to participation in any judicial proceeding resulting from the report.
4 (2) The hospital or healthcare provider staff member who notifies the
5 appropriate law enforcement official shall document the date, time, and method of
6 notification and the name of the official who received the notification.
7 (3) On or before January first of each year, each law enforcement agency
8 shall provide each hospital located in its respective jurisdiction with the name of the
9 responsible contact person along with the responsible person's contact information
10 in order to comply with the provisions of this Section.
11 E.(1) The department, through the medical directors of each of its nine
12 regional health service districts, shall coordinate an annual sexual assault response
13 plan for each district. Each district shall submit a proposed plan for review by the
14 secretary no later than November first of each year. An approved plan shall become
15 effective February first of the following year.
16 (2) When developing the annual response plan, each district shall incorporate
17 a Sexual Assault Response Team protocol to the extent possible; however, at a
18 minimum, each district shall develop the annual plan to do all of the following:
19 (a) Provide an inventory of all available resources and existing infrastructure
20 in the region and clearly outline how the resources and infrastructure will be
21 incorporated in the most effective manner.
22 (b) Clearly outline the entity responsible for the purchase of sexual assault
23 collection kits and the standards and procedures for the storage of the kits prior to
24 use in a forensic medical examination.
25 (c) Clearly outline the standards and procedures for a victim to receive a
26 forensic medical examination, as defined in R.S. 15:622, to ensure access to such an
27 examination in every parish. The plan shall designate a hospital or healthcare
28 provider to be the lead entity for sexual assault examinations for adult victims and
29 a hospital or healthcare provider to be the lead entity for sexual assault examinations
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1 for pediatric victims. The plan shall also include specific details directing first
2 responders in the transport of victims of a sexually-oriented crime, the appropriate
3 party to perform the forensic medical examination, and any required training for a
4 person performing a forensic medical examination.
5 (d) Clearly outline the standards and procedures for the handling and
6 payment of medical bills related to the forensic medical examination to clarify and
7 ensure that those standards and procedures are in compliance with this Section and
8 any other applicable section of law.
9 (e) Clearly outline the standards and procedures for the transfer of sexual
10 assault collection kits for both reported and unreported crimes to an appropriate
11 criminal justice agency or the local law enforcement agency having jurisdiction in
12 the parish in which the crime was committed, if known, or if unknown, to an
13 appropriate criminal justice agency or the local law enforcement agency having
14 jurisdiction in the parish in which the hospital or healthcare provider is located. The
15 plan shall include a maximum time period for the transfer to occur not to exceed
16 seven days after the criminal justice agency or local law enforcement agency
17 receives a request for the transfer from the hospital or healthcare provider.
18 (3) When developing the annual response plan, the department shall solicit
19 the input of interested stakeholders in the region including but not limited to all of
20 the following:
21 (a) The sheriff for each parish within the region.
22 (b) The chief of police for any political subdivision located within the region.
23 (c) All hospitals located within the region.
24 (d) The coroner for each parish within the region.
25 (e) First responder organizations located within the region.
26 (f) Higher education institutions located within the region.
27 (g) The school board for each parish located within the region.
28 (h) Sexual assault advocacy organizations providing services within the
29 region.
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1 (i) The district attorney for each parish within the region or his designee.
2 (j) Each crime lab located within the region.
3 F. All sexual assault collection kits used in a forensic medical examination
4 shall meet the standards developed by the department and the Department of Public
5 Safety and Corrections.
6 G. For purposes of this Section the following definitions apply:
7 (1) "Forensic medical examination" has the same meaning as defined in R.S.
8 15:622.
9 (2) "Healthcare provider" means either of the following:
10 (a) A physician or other healthcare practitioner licensed, certified, registered,
11 or otherwise authorized to perform specified healthcare services consistent with state
12 law.
13 (b) A facility or institution providing healthcare services, including but not
14 limited to a hospital or other licensed inpatient center, ambulatory surgical or
15 treatment center, skilled nursing facility, inpatient hospice facility, residential
16 treatment center, diagnostic, laboratory, or imaging center, or rehabilitation or other
17 therapeutic health setting.
18 (3) "Healthcare services" means services, items, supplies, or drugs for the
19 diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury,
20 or disease.
21 (4) "Sexually-oriented criminal offense" has the same meaning as defined
22 in R.S. 15:622.
23 Section 4. R.S. 46:1802(4), (7) through (10), 1806(B), (C), and (D), 1809(B)(3) and
24(4)(a), and 1817(A) are hereby amended and reenacted and R.S. 46:1802(10.1), (11), (12),
25and (13), 1806(E), and 1807(B)(7) are enacted to read as follows:
26 §1802. Definitions
27 As used in this Chapter:
28 * * *
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1 (4) "Claimant" means a victim or a dependent of a deceased victim, or the
2 legal representative of either, an intervenor, the healthcare provider who provides
3 healthcare services associated with a forensic medical examination as defined in R.S.
4 15:622, or in the event of a death, a person who legally assumes the obligation or
5 who voluntarily pays the medical or the funeral or burial expenses incurred as a
6 direct result of the crime.
7 * * *
8 (7) "Healthcare provider" means either of the following:
9 (a) A physician or other healthcare practitioner licensed, certified, registered,
10 or otherwise authorized to perform specified healthcare services consistent with state
11 law.
12 (b) A facility or institution providing healthcare services, including but not
13 limited to a hospital or other licensed inpatient center, ambulatory surgical or
14 treatment center, skilled nursing facility, inpatient hospice facility, residential
15 treatment center, diagnostic, laboratory, or imaging center, or rehabilitation or other
16 therapeutic health setting.
17 (8) "Healthcare services" means services, including but not limited to items,
18 supplies, or drugs for the diagnosis, prevention, treatment, cure, or relief of a health
19 condition, illness, injury, or disease ancillary to a sexually-oriented offense.
20 (9) "Intervenor" means a person who goes to the aid of another and is killed
21 or injured in the good faith effort to prevent a crime covered by this Chapter, to
22 apprehend a person reasonably suspected of having engaged in such a crime, or to
23 aid a peace officer. "Peace officer" shall include commissioned police officers,
24 sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables,
25 wildlife enforcement agents, and probation and parole officers.
26 (8)(10) "Pecuniary loss" means the amount of expense reasonably and
27 necessarily incurred by reason of personal injury, as a consequence of death, or a
28 catastrophic property loss, and includes:
29 (a) For personal injury:
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1 (i) Medical, hospital, nursing, or psychiatric care or counseling, and physical
2 therapy.
3 (ii) Actual loss of past earnings and anticipated loss of future earnings
4 because of a disability resulting from the personal injury or the receipt of medically
5 indicated services by a child victim related to the personal injury.
6 (iii) Care of a child or dependent.
7 (iv) Counseling or therapy for the parents or siblings of a child who is the
8 victim of a sexual crime.
9 (v) Loss of support for a child victim of a sexual crime not otherwise
10 compensated for as a pecuniary loss for personal injury.
11 (b) As a consequence of death:
12 (i) Funeral, burial, or cremation expenses.
13 (ii) Loss of support to one or more dependents not otherwise compensated
14 for as a pecuniary loss for personal injury.
15 (iii) Care of a child or children enabling the surviving spouse of a victim or
16 the legal custodian or caretaker of the deceased victim's child or children to engage
17 in lawful employment, where that expense is not otherwise compensated for as a
18 pecuniary loss for personal injury.
19 (iv) Counseling or therapy for any surviving family member of the victim
20 or any person in close relationship to such victim.
21 (v) Crime scene cleanup.
22 (c) As to catastrophic property loss, the loss must be so great as to cause
23 overwhelming financial effect on the victim or other claimant and shall be restricted
24 to loss of abode.
25 (d) Any other expense associated with the collection and securing of crime
26 scene evidence.
27 (8.1)(10.1) "Pecuniary loss" does not include loss attributable to pain and
28 suffering.
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1 (9)(11) "Reparations" means payment of compensation in accordance with
2 the provisions of this Chapter for pecuniary loss resulting from physical injury,
3 death, or catastrophic property loss by reason of a crime enumerated in this Chapter.
4 (12) Sexually-oriented criminal offense includes any offense listed as a
5 sexual offense in R.S. 15:541(24).
6 (10)(13) "Victim" means:
7 (a) Any person who suffers personal injury, death, or catastrophic property
8 loss as a result of a crime committed in this state and covered by this Chapter. This
9 includes any person who is a victim of human trafficking as defined by R.S. 14:46.2,
10 a victim of trafficking of children for sexual purposes as defined by R.S. 14:46.3, or
11 a victim of any offense involving commercial sexual exploitation including but not
12 limited to R.S. 14:81.1, 81.3, 82, 82.1, 82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85, 86,
13 89.2, 104, 105, and 282.
14 (b) A Louisiana resident who is a victim of an act of terrorism, as defined in
15 18 U.S.C. 2331, occurring outside the United States.
16 (c) A Louisiana resident who suffers personal injury or death as a result of
17 a crime described in R.S. 46:1805, except that the criminal act occurred outside of
18 this state. The resident shall have the same rights under this Chapter as if the act had
19 occurred in this state upon a showing that the state in which the act occurred does not
20 have an eligible crime victims reparations program and the crime would have been
21 compensable had it occurred in Louisiana. In this Subparagraph, "Louisiana
22 resident" means a person who maintained a place of permanent abode in this state
23 at the time the crime was committed for which reparations are sought.
24 * * *
25 §1806. Application; requirements; confidentiality
26 * * *
27 B.(1) An application for reparations related to a sexually-oriented criminal
28 offense shall be filed in writing with the board within one year after the date on
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1 which the personal injury, death, or catastrophic property loss occurred or within
2 such longer period as the board determines is justified by the circumstances.
3 (2) A victim of a sexually-oriented criminal offense shall not be required to
4 report a sexually-oriented criminal offense to any law enforcement officer for
5 purposes of a claimant filing a valid application for reparations pursuant to this
6 Subsection.
7 (3) A claimant that files an application for reparations for personal injury or
8 death resulting from a sexually-oriented criminal offense shall submit certification
9 from a healthcare provider or coroner that a forensic medical examination of the
10 victim was conducted and an itemized billing statement for all related services
11 provided by the healthcare provider or coroner.
12 (4) The coroner shall provide certification to the healthcare provider that a
13 forensic medical examination was conducted.
14 (5) The healthcare provider shall submit certification to the board that a
15 forensic medical examination was conducted when requested by a claimant.
16 C. Application shall be made on a form prescribed and provided by the
17 board, which shall contain at least the following:
18 (1) A description of the date, nature, and circumstances of the act or acts
19 resulting in the physical injury, death, or catastrophic property loss, and of the crime,
20 if known.
21 (2) A complete financial statement, including the cost of medical care or
22 funeral, burial, or cremation expenses, the loss of wages or support, and the extent
23 of the property loss, if any, which the claimant has incurred or will incur and the
24 extent to which the claimant has been indemnified for these expenses from any
25 collateral source.
26 (3) Where appropriate, a statement indicating the extent of any disability
27 resulting from the injury incurred.
28 (4) An authorization permitting the board or its representatives to verify the
29 contents of the application.
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1 (5) Such other information as the board may require.
2 C.D. The following information, when submitted to the board as part of an
3 application, shall be confidential:
4 (1) Documents submitted by a claimant which relate to medical treatment
5 including any itemized billing statements.
6 (2) Law enforcement investigative reports.
7 (3) Forensic medical examination.
8 D.E. Records, documents, and information in the possession of the board
9 received pursuant to a law enforcement investigation or a verification of application
10 by a law enforcement agency shall be considered investigative records of a law
11 enforcement agency as described in R.S. 44:3 and shall not be disseminated under
12 any condition without the permission of the agency providing the record or
13 information to the board.
14 §1807. Powers and duties of board; staff
15 * * *
16 B. In the performance of its powers and duties the board shall:
17 * * *
18 (7) Develop, adopt, and promulgate rules in the manner provided in the
19 Administrative Procedure Act and in accordance with the provisions of R.S.
20 46:1806(B). Such rules shall contain specific guidelines which shall establish the
21 reasonable costs to be charged for all healthcare services or expenses ancillary to a
22 forensic medical examination which shall not exceed one thousand dollars for each
23 case.
24 * * *
25 §1809. Criteria for making awards; prohibitions; authority to deny or reduce awards
26 * * *
27 B. In making its determination, the following provisions shall apply:
28 * * *
29 (3)(a) No award of reparations shall be made if the board finds that:
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1 (a)(i) The crime was not reported within the time specified by R.S.
2 46:1806(A).
3 (b)(ii) The claimant failed or refused to cooperate substantially with the
4 reasonable requests of appropriate law enforcement officials.
5 (c)(iii) Reparations may substantially enrich the offender.
6 (d)(iv) The claimant was the offender or an accessory, or that an award to the
7 claimant would unjustly benefit any of them. However, such ineligibility shall not
8 apply if the claimant is a victim of human trafficking or trafficking of children for
9 sexual purposes.
10 (e)(v) The claim was not filed timely, as provided by R.S. 46:1806(A) and
11 (B).
12 (f) Repealed by Acts 1991, No. 409, §2.
13 (g)(vi) The crime was committed prior to the effective date of this Chapter.
14 (b) The ineligibility provisions provided for in Items (i) and (ii) of
15 Subparagraph (a) of this Paragraph shall not apply if the claim for reparations results
16 from a sexually-oriented criminal offense.
17 (4) The board may deny or reduce an award:
18 (a) If it finds that the behavior of the victim at the time of the crime giving
19 rise to the claim was such that the victim bears some measure of responsibility for
20 the crime that caused the physical injury, death, or catastrophic property loss or for
21 the physical injury, death, or catastrophic property loss. However, such ineligibility
22 shall not apply if the claimant is a victim of a human trafficking-related offense as
23 defined by R.S. 46:1805 or a sexually-oriented criminal offense.
24 * * *
25 §1817. Notification to potential applicants
26 A.(1) Every hospital licensed under the laws of this state shall display
27 prominently in its emergency room posters giving notification of the existence of the
28 crime victims reparations program. The board shall set standards for the location of
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HB NO. 835
1 the display and shall provide posters and general information regarding this Chapter
2 to each hospital.
3 (2) Every hospital and healthcare provider licensed under the laws of this
4 state shall make available to hospitals and healthcare providers a pamphlet
5 containing an explanation of the billing process for services rendered pursuant to the
6 provisions of R.S. 40:1300.41.
7 * * *
8 Section 5. R.S. 40:2109.1 is hereby repealed in its entirety.
9 Section 6. This Act shall become effective upon signature by the governor or, if not
10signed by the governor, upon expiration of the time for bills to become law without signature
11by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
12vetoed by the governor and subsequently approved by the legislature, this Act shall become
13effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 835 Engrossed 2015 Regular Session Moreno
Abstract: Creates standards and procedures for the examination and treatment of victims
of a sexually-oriented criminal offense and the subsequent billing for the services
rendered as a result of the offense.
Present law requires the coroner or his designee to examine all alleged victims of rape,
carnal knowledge, sexual battery, and crime against nature when such cases are under police
investigation.
Proposed law expands present law to victims of any sexually-oriented criminal offense and
removes the requirement that the case be under police investigation.
Present law provides for the definition of a "forensic medical examination" to mean an
examination of a victim of a sexually-oriented criminal offense by a health care provider for
the purpose of gathering and preserving evidence of a sexual assault for use in court.
Proposed law retains present law and expands the definition to include the following:
(1)Examination of physical trauma.
(2)Determination of penetration or force.
(3)Patient interview, including medical history, triage, and consultation.
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(4)Collection and evaluation of evidence, including but not limited to photographic
documentation, preservation and maintenance of chain of custody, medical specimen
collection, when determined necessary by the healthcare provider, an alcohol and
drug facilitated sexual assault assessment and toxicology screening.
Proposed law requires all licensed hospitals and healthcare providers to adhere to the
procedures set forth in proposed law in the event that a person presents or is presented for
treatment as a victim of a sexually-oriented criminal offense.
Proposed law prohibits a hospital or healthcare provider from directly billing a victim for
services rendered in conducting a forensic medical examination or for any healthcare
services rendered to a victim as a result of the sexually-oriented criminal offense, which
shall include the following:
(1)Forensic examiner and hospital or healthcare facility services directly related to the
exam, including integral forensic supplies.
(2)Scope procedures directly related to the forensic exam including but not limited to
anoscopy and colposcopy.
(3)Laboratory testing directly related to the forensic examination, including drug
screening, urinalysis, pregnancy screening, syphilis screening, chlamydia culture,
gonorrhea coverage culture, blood test for HIV screening, hepatitis B and C, herpes
culture, and any other sexually transmitted disease testing directly related to the
forensic examination.
(4)Any medication provided during the forensic medical examination.
Proposed law authorizes a healthcare provider to submit a claim for healthcare services
rendered in conducting a forensic medical exam for a victim of a sexually-oriented offense
to any of the following:
(1)A victim's health insurance issuer, requiring the insurer to waive any applicable
deductible, co-pay, and co-insurance with the remaining non-covered expenses
submitted to the Crime Victims Reparations (CVR) Board for reimbursement not to
exceed $1000.
(2)The Louisiana Medicaid, Medicare, or Tricare program for an enrolled victim.
(3)The CVR Board at the rate as promulgated by the board for healthcare services
rendered not to exceed $1000.
Proposed law requires the Dept. of Health and Hospitals (DHH) to make available to
hospitals and healthcare providers a pamphlet containing an explanation of the billing
process for services rendered in conducting a forensic medical examination and for
healthcare services rendered to a victim of a sexually-oriented criminal offense. Proposed
law further requires hospitals and healthcare providers to provide a copy of the pamphlet to
any person presented for treatment as a victim of a sexually-oriented crime.
Proposed law authorizes the hospital or healthcare provider to continue ordinary billing
procedures of the hospital or healthcare provider for services not specifically provided for
in proposed law, but authorizes the victim to seek reimbursement for those services through
the CVR Board.
Provides that the failure to comply with the standards of proposed law shall constitute
grounds for denial, suspension, or revocation of license by the appropriate licensing board
or commission.
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Present law requires any examination and treatment to include the preservation, in strict
confidentiality, for a period of 30 days from the time the victim is presented for treatment,
of tests or procedures, or both, and samples that may serve as potential evidence.
Proposed law expands the minimum period of preservation to a period of at least one year.
Present law requires that any evidence collected be assigned a code number and code records
be maintained for a period of 30 days from the date the victim is presented for treatment.
Proposed law expands the minimum retention period to a period of at least one year and
further requires the hospital or healthcare provider to assign the code number by affixing to
the evidence container a barcode to be used in lieu of the victim's identifying information
to maintain confidentiality.
Proposed law requires DHH, through the medical directors of each of its nine regional health
service districts, to coordinate an annual sexual assault response plan for each district.
Further requires each district to submit a proposed plan for review by the secretary of DHH
no later than Nov. 1st of each year. An approved plan shall become effective Feb. 1st of the
following year.
Proposed law requires each district, when developing the annual response plan, to
incorporate a Sexual Assault Response Team protocol to the extent possible. At a minimum,
proposed law requires each district to develop the annual plan to do all of the following:
(1)Provide an inventory of all available resources and existing infrastructure in the
region and clearly outline how the resources and infrastructure will be incorporated
in the most effective manner.
(2)Clearly outline the entity responsible for the purchase of sexual assault collection
kits and the standards and procedures for the storage of the kits prior to use in a
forensic medical examination.
(3)Clearly outline the standards and procedures for a victim to receive a forensic
medical examination to ensure access to such an examination in every parish,
including the designation of a hospital or healthcare provider to be the lead entity for
sexual assault examinations for adult victims and a hospital or healthcare provider
to be the lead entity for sexual assault examinations for pediatric victims.
(4)Clearly outline the standards and procedures for the handling and payment of
medical bills related to the forensic medical examination.
(5)Clearly outline the standards and procedures for the transfer of sexual assault
collection kits for both reported and unreported crimes to the appropriate criminal
justice agency or the local law enforcement agency having jurisdiction in the parish
in which the hospital or healthcare provider is located, including the maximum time
period for the transfer to occur not to exceed seven days after the criminal justice
agency or local law enforcement agency receives a request for the transfer from the
hospital or healthcare provider.
Proposed law requires DHH, when developing the annual response plan, to solicit input of
interested stakeholders in the region including but not limited to all of the following:
(1)The sheriff for each parish within the region.
(2)The police chief for any political subdivision located within the region.
(3)All hospitals located within the region.
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(4)The coroner for each parish within the region.
(5)First responder organizations located within the region.
(6)Higher education institutions located within the region.
(7)The school board for each parish located within the region.
(8)Sexual assault advocacy organizations providing services within the region.
(9)The district attorney for each parish or his designee.
(10)Each crime lab located within the region.
Proposed law requires all sexual assault collection kits used in a forensic medical
examination to meet the standards developed by DHH and the Dept. of Public Safety and
Corrections.
Present law provides relative to the CVR Board's application procedures and requirements
for victims of a sexually-oriented criminal offense.
Present law provides for definitions relative to the CVR Board.
Present law defines "claimant" to mean a victim or dependent of a deceased victim, legal
representative of either, an intervenor, or in the event of death, the person who legally or
voluntarily assumes the deceased's medical and funeral obligations related to the crime.
Proposed law retains present law and expands the definition of "claimant" to include a
healthcare provider who provides services associated with a forensic medical examination.
Proposed law provides for the definitions of "sexually-oriented criminal offense",
"healthcare provider", and "healthcare services".
Proposed law requires that an application for reparations for a victim of a sexually-oriented
criminal offense shall be filed in writing with the board within one year after the date of
injury, death, or property loss or for a longer period as determined by the board.
Present law prohibits an award of reparations if the board finds that the crime was not timely
reported in accordance with present law or that the claimant failed to cooperate with requests
from law enforcement officials.
Proposed law excludes victims of a sexual offense from reporting such crimes to law
enforcement for purposes of filing a valid application for reparations.
Proposed law requires a claimant to submit certification from a healthcare provider that a
forensic medical examination was conducted on the victim and requires the healthcare
provider to submit such certification when requested by a claimant.
Proposed law requires the board to promulgate rules and regulations relative to guidelines
for the costs and expenses associated with forensic medical examinations and to provide a
cap of $1,000 for each examination.
Present law authorizes the reduction or denial of an award if it is determined by the board
that the behavior of the victim at the time of the crime bears some responsibility to the
injury, death, or property loss except for victims of human trafficking-related offenses.
Proposed law retains present law, and adds the exclusion for victims of a sexually-oriented
criminal offense.
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Proposed law requires hospitals and healthcare providers to provide victims of sexually-
oriented offenses a pamphlet giving notification of the billing process and procedures
available through the board.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 13:5713(F), R.S. 15:622(A)(2) and (4), and R.S. 46:1802(4), (7)-(10),
1806(B), (C), and (D), 1809(B)(3) and (4)(a), and 1817(A); Adds R.S. 40:1300.41 and R.S.
46:1802(10.1), (11), (12), and (13), 1806(E), and 1807(B)(7); Repeals R.S. 40:2109.1)
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