§ 12-12-403 — Examinations and treatment - Payment

(a) All licensed emergency departments shall provide prompt, appropriate emergency medical-legal examinations for sexual assault victims. (b) (1) (A) All victims shall be exempted from the payment of expenses incurred as a result of receiving a medical-legal examination if the victim receives the medical-legal examination within ninety-six (96) hours of the attack. (B) However, the time limitation of ninety-six (96) hours may be waived if the victim is a minor or if the Crime Victims Reparations Board finds that good cause exists for the failure to provide the medical-legal examination within the required time. (2) (A) This subsection does not require a victim of sexual assault to participate in the criminal justice system or to cooperate with law enforcement in order to be provided with a forensic medical exam or reimbursement for charges incurred on account of a forensic medical exam, or both. (B) Subdivision (b)(2)(A) of this section does not preclude a report of suspected abuse or neglect as permitted or required by the Child Maltreatment Act, § 12-18-101 et seq. (c) (1) A licensed healthcare provider that performs a medical-legal examination shall submit a sexual assault reimbursement form, an itemized statement that meets the requirements of 45 C.F.R. § 164.512(d) , as it existed on January 2, 2001, directly to the board for payment. (2) The licensed healthcare provider shall not submit any remaining balance after reimbursement by the board to the victim. (3) Acceptance of payment of the expenses of the medical-legal examination by the board shall be considered payment in full and bars any legal action for collection.

Legislative History

Amended by Act 2021, No. 472,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 920,§ 1, eff. 8/1/2017. Acts 1983, No. 403, §§ 4, 5; A.S.A. 1947, §§ 41-1823, 41-1824; Acts 1991, No. 396, § 8; 2001, No. 993, § 3; 2007, No. 676, § 4; 2009, No. 758, § 24.