§ 5-2-6.1-39 — Payment of forensic medical exams and additional forensic services

Indiana § 5-2-6.1-39

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 2: LAW ENFORCEMENT
• Ch. 6.1: Compensation for Victims of Violent Crimes

Text

(a) When a hospital acting under IC 16-21-8
provides a forensic medical exam to an alleged sex crime victim, the
hospital shall furnish the forensic medical exam described in IC 16-21-8-6 without charge. The division shall reimburse a hospital for
its costs in providing these services and shall adopt rules and
procedures to provide for reasonable reimbursement. A hospital may
not charge the victim for services required under this chapter, despite
delays in reimbursement from the division.
(b) When a hospital acting under IC 16-21-8 provides a forensic
medical exam to an alleged sex crime victim, the hospital may also
furnish additional forensic services to the alleged sex crime victim.
However, the additional forensic services, if furnished, shall be
furnished without charge. The division shall reimburse a hospital for
its costs in providing these services and may adopt rules and
procedures to provide for reasonable reimbursement. A hospital may
not charge the victim for services required under this chapter even if
there is a delay in receiving reimbursement from the division.
(c) Costs incurred by a hospital or other emergency medical facility
for the examination of the victim of a sex crime (under IC 35-42-4) not
covered under IC 16-21-8 or incest (under IC 35-46-1-3), if the
examination is performed for the purposes of gathering evidence for
possible prosecution, may not be charged to the victim of the crime.
(d) When a licensed medical service provider not covered by
subsection (a) or (b) elects to provide a forensic medical exam to an
alleged victim of one (1) or more of the sex crimes listed in IC 16-21-8-1(b), the medical service provider shall furnish the exam
without charge. The division shall reimburse a medical service provider
for costs in providing forensic medical exams. A medical service
provider may not charge the victim for a forensic medical exam
required under this chapter even if there is a delay in receiving
reimbursement from the division.
(e) When a licensed medical service provider not covered by
subsection (a) or (b) elects to provide additional forensic services to an
alleged sex crime victim, the medical service provider shall furnish the
services without charge. The division shall reimburse a medical service
provider for costs in providing the additional forensic services. A
medical service provider may not charge the victim for services
required under this chapter even if there is a delay in receiving
reimbursement from the division.
(f) The division is not required to reimburse a medical service
provider for costs in providing additional forensic services unless the
following conditions are met:
(1) The victim is at least eighteen (18) years of age.
(2) If the victim is less than eighteen (18) years of age, a report of
the sex crime must be made to child protective services or a law
enforcement officer.
(3) The sex crime occurred in Indiana.
If the division finds a compelling reason for failure to comply with the
requirements of this section, the division may suspend the requirements
of this section.
(g) Costs incurred by a licensed medical service provider for the
examination of the victim of a sex crime (under IC 35-42-4) not
covered under IC 16-21-8 or incest (under IC 35-46-1-3) may not be
charged to the victim of the crime if the examination is performed for
the purposes of gathering evidence for possible prosecution.

Legislative History

As added by P.L.47-1993, SEC.2. Amended by P.L.36-1997, SEC.5; P.L.121-2006, SEC.18; P.L.41-2007, SEC.1; P.L.129-2009, SEC.7; P.L.144-2024, SEC.11.