Bill Text: MI HB5514 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Crime victims; other; definition of health care provider; amend to reflect amendments to the public health code. Amends sec. 5a of 1976 PA 223 (MCL 18.355a). TIE BAR WITH: HB 5510'19
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-02-25 - Bill Electronically Reproduced 02/25/2020 [HB5514 Detail]
Download: Michigan-2019-HB5514-Introduced.html
HOUSE BILL NO. 5514
February 20, 2020, Introduced by Reps. LaFave
and Reilly and referred to the Committee on Health Policy.
A bill to amend 1976 PA 223, entitled
"An act to create an agency concerned with crime victim services; to prescribe its powers and duties; to provide compensation to certain victims of crimes; to provide for the promulgation of rules; and to provide for penalties,"
by amending section 5a (MCL 18.355a), as amended by 2018 PA 525.
the people of the state of michigan enact:
Sec. 5a. (1) A health care provider is eligible to be
paid for a sexual assault medical forensic examination under this section only
if that examination includes all of the following:
(a) The collection of a
medical history.
(b) A general medical
examination, including, but not limited to, the use of laboratory services and
the dispensing of prescribed pharmaceutical items.
(c) One or more of the
following:
(i) A detailed oral examination.
(ii) A detailed anal
examination.
(iii) A detailed
genital examination.
(d) Administration of a sexual assault evidence kit under
section 21527 of the public health code, 1978 PA 368, MCL 333.21527, and
related medical procedures and laboratory and pharmacological services.
(2) A health care provider shall not submit a bill for any
portion of the costs of a sexual assault medical forensic examination to the
victim of the sexual assault, including any insurance deductible or co-pay,
denial of claim by an insurer, or any other out-of-pocket expense.
(3) A health care provider seeking payment under this section
for a sexual assault medical forensic examination shall do all of the
following:
(a) Advise the victim, orally and in writing, that a claim shall will not be submitted
to his or her insurance carrier without his or her express written consent, and
that he or she may decline to consent if he or she believes that submitting a
claim to the insurance carrier would substantially interfere with his or her
personal privacy or safety.
(b) If the victim gives his or her consent as provided under
subdivision (a), submit a claim for the cost of a sexual assault medical
forensic examination to the victim's insurance carrier, including, but not
limited to, Medicaid and Medicare.
(4) A health care provider may seek payment from 1 or both of
the following if reimbursement cannot be obtained from the victim's insurance
or insurance is unavailable:
(a) The commission under this section.
(b) From another entity other than the victim.
(5) A health care provider that is reimbursed for a sexual
assault medical forensic examination by a victim's insurance carrier shall not
submit to the commission any portion of the claim reimbursable by the insurance
carrier.
(6) A health care provider that is reimbursed for a sexual
assault medical forensic examination by another entity shall not submit to the
commission any portion of the claim reimbursable by the other entity.
(7) The commission shall pay a health care provider not more
than $1,200.00 for the cost of performing a sexual assault medical forensic
examination, including, but not limited to, the cost of 1 or more of the
following:
(a) Not more than $700.00 for the use of an emergency room,
clinic, or examination room, and the sexual assault medical forensic
examination and related procedures other than services and items described in
subdivisions (b) and (c).
(b) Laboratory services related to the sexual assault.
(c) Dispensing pharmaceutical items related to the sexual assault.
(8) A claim for compensation under subsection (7) shall must be submitted to
the commission in a form and in the manner prescribed by the commission.
(9) Except with the victim's consent or as otherwise provided
in this subsection, information collected by the commission under this section
that identifies a victim of sexual assault is exempt from disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, shall must not be obtained by
subpoena or in discovery, and is inadmissible as evidence in any civil,
criminal, or administrative proceeding. Information collected by the commission
under this section that identifies a victim of sexual assault is confidential
and shall must only be used for
the purposes expressly provided in this act, including, but not limited to,
investigating and prosecuting a civil or criminal action for fraud related to
reimbursement provided by the commission under this section.
(10) A victim of sexual assault shall is not be required to participate in the criminal
justice system or cooperate with law enforcement as a condition of being
administered a sexual assault medical forensic examination. For payments
authorized under this section or for payments made to victims under section 6,
administration to the victim of a sexual assault medical forensic examination
satisfies the requirements for prompt law enforcement reporting and victim
cooperation under sections 6 and 10.
(11) As used in this section:
(a) "Health care provider" means any of the
following:
(i) A health
professional licensed or registered under article 15 of the public health code,
1978 PA 368, MCL 333.16101 to 333.18838.
(ii) A health facility
or agency licensed under article 17 of the public health code, 1978 PA 368, MCL
333.20101 to 333.22260.333.21925.
(iii) A local health
department as that term is defined in section 1105 of the public health code,
1978 PA 368, MCL 333.1105.
(b) "Sexual assault" means a criminal violation of sections 520a to 520n under chapter LXXVI of
the Michigan penal code, 1931 PA 328, MCL 750.520a to 750.520n.750.520o.
(c) "Sexual assault medical forensic examination"
means that term as described in subsection (1)(a) to (d).
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5510 (request no. 04667'19) of the 100th Legislature is enacted into law.
