EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0136*
HOUSE BILL 136
E4, J1 5lr0128
(PRE–FILED) CF SB 199
By: Chair, Judiciary Committee (By Request – Departmental – Office of Crime
Prevention and Policy)
Requested: September 29, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Sexual Assault Exam and Treatment Reimbursement 2
FOR the purpose of providing that the Governor’s Office of Crime Prevention and Policy, 3
rather than the Criminal Injuries Compensation Board, is responsible for payment 4
to a physician, qualified health care provider, and hospital for providing certain 5
services to a victim of an alleged rape or sexual offense or a victim of alleged child 6
sexual abuse; and generally relating to reimbursement for sexual assault exams and 7
treatments. 8
BY repealing and reenacting, with amendments, 9
Article – Criminal Procedure 10
Section 11–1007(b) and 11–1008(c)(2) 11
Annotated Code of Maryland 12
(2018 Replacement Volume and 2024 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Criminal Procedure 16
11–1007. 17
(b) If a physician, a qualified health care provider, or a hospital provides a service 18
described in subsection (c) of this section to a victim of an alleged rape or sexual offense or 19
a victim of alleged child sexual abuse: 20
(1) the services shall be provided without charge to the individual; and 21
(2) the physician, qualified health care provider, or hospital: 22 2 HOUSE BILL 136
(i) is entitled to be paid by [the Criminal Injuries Compensation 1
Board as provided under Subtitle 8 of this title] THE GOVERNOR’S OFFICE OF CRIME 2
PREVENTION AND POLICY for the costs of providing the services; 3
(ii) shall provide written or electronic verification signed by a 4
physician or qualified health care provider to [the Criminal Injuries Compensation Board] 5
THE GOVERNOR’S OFFICE OF CRIME PREVENTION AND POLICY that services 6
described in subsection (c) of this section were rendered to a victim of an alleged rape or 7
sexual offense or a victim of alleged child sexual abuse; and 8
(iii) may not include in any request to obtain payment under this 9
subsection a narrative describing the alleged offense of a victim or a photograph of the 10
victim. 11
11–1008. 12
(c) (2) (i) A victim who receives treatment under this subsection may 13
decline to provide health insurance information or submit personal information to a 14
payment assistance program if the victim believes that providing the information would 15
interfere with personal privacy or safety. 16
(ii) The physician, qualified health care provider, or hospital 17
providing a victim with treatment and follow–up care under paragraph (1) of this 18
subsection shall inform the victim of the victim’s right to decline to provide health 19
insurance information or submit personal information to a payment assistance program. 20
(iii) If a victim declines to provide health insurance information or to 21
submit personal information to a payment assistance program: 22
1. the treatment and follow–up care shall be provided 23
without charge to the victim; and 24
2. the physician, qualified health care provider, or hospital 25
providing the treatment or follow–up care is entitled to be paid by [the Criminal Injuries 26
Compensation Board as provided under Subtitle 8 of this title] THE GOVERNOR’S OFFICE 27
OF CRIME PREVENTION AND POLICY for the costs of providing the services. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 29
1, 2025. 30