RÉSUMÉ DIGEST
ACT 229 (HB 835) 2015 Regular Session Moreno
Prior law required 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.
New law requires the coroner to examine all alleged victims of a sexually-oriented criminal
offense without the requirement that the case be under police investigation.
New law authorizes the coroner to select the hospital or healthcare provider named as the
lead entity for sexual assault examination in the regional plan to act as his designee to
perform the forensic medical examination.
Existing 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 healthcare provider for
the purpose of gathering and preserving evidence of a sexual assault for use in court.
New law adds to the definition of forensic medical examination to include the following:
(1)Examination of physical trauma.
(2)Patient interview, including medical history, triage, and consultation.
(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.
New law requires criminal justice agencies to submit a sexual assault kit involving an
unknown suspect to a forensic laboratory for testing within 30 days of receipt or within 30
days of receiving an official request from a prosecuting agency.
New law requires all licensed hospitals and healthcare providers to adhere to the procedures
set forth in new law in the event that a person presents or is presented for treatment as a
victim of a sexually-oriented criminal offense.
New 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.
New 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:
Page 1 of 3 (1)A victim's health insurance issuer, requiring the insurer to waive any applicable
deductible, co-pay, and co-insurance with the remaining noncovered expenses
submitted to the Crime Victims Reparations (CVR) Board for reimbursement not to
exceed $1,000.
(2)The Louisiana Medicaid, Medicare, or Tricare programs for an enrolled victim.
(3)The CVR Board at the rate as promulgated by the board for healthcare services
rendered not to exceed $1,000.
New 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. New 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.
New 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 new law, but authorizes the victim to seek reimbursement for those services through the
CVR Board.
New law provides that the failure to comply with the standards of new law may constitute
grounds for denial, suspension, or revocation of license by the appropriate licensing board
or commission.
New law requires any examination and treatment to include the preservation, in strict
confidentiality, for a period of at least one year from the time the victim is presented for
treatment, of tests or procedures, or both, and samples that may serve as potential evidence.
New law requires that any evidence collected be assigned a code number and code records
be maintained for a period of at least one year from the date the victim is presented for
treatment, and further requires the hospital or healthcare provider to assign the code number
by affixing to the evidence container a code to be used in lieu of the victim's identifying
information to maintain confidentiality.
New 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.
New law requires each district, when developing the annual response plan with minimum
requirements, to incorporate a Sexual Assault Response Team protocol to the extent possible.
New law requires DHH, when developing the annual response plan, to solicit input of
interested stakeholders in the region, and requires the annual response plan to be approved
by the stakeholders.
New 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.
Existing law provides relative to the CVR Board's application procedures and requirements
for victims of a sexually-oriented criminal offense and definitions relative to the CVR Board.
Existing 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.
New law retains existing law and expands the definition of "claimant" to include a healthcare
provider who provides services associated with a forensic medical examination.
Page 2 of 3 New law provides for the definitions of "sexually-oriented criminal offense", "healthcare
provider", and "healthcare services".
New 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.
Existing law prohibits an award of reparations if the board finds that the crime was not
timely reported in accordance with existing law or that the claimant failed to cooperate with
requests from law enforcement officials.
New law provides an exception to existing law, which excludes victims of a sexual offense
from reporting such crimes to law enforcement for purposes of filing a valid application for
reparations.
New 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.
New 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.
Existing 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.
New law provides an additional exception to existing law for victims of a sexually-oriented
criminal offense.
New law requires hospitals and healthcare providers to provide victims of sexually-oriented
criminal offenses a pamphlet giving notification of the billing process and procedures
available through the board.
New law provides for the provisions of new law to apply to any victim of a sexually-oriented
criminal offense that occurred on or after January 13, 2015.
Effective June 23, 2015.
(Amends R.S. 13:5713(F), R.S. 15:622(A)(2) and (4), and R.S. 46:1802(4) and (7)-(10),
1806(B), (C), and (D), 1809(B)(3) and (4)(a), and 1817(A); Adds R.S. 15:623, 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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