FORENSIC MEDICAL EXAMINATION COSTS/REVISIONS.

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View NCGA Bill Details2021
House Bill 626 (Public) Filed Tuesday, April 20, 2021
AN ACT TO REVISE THE LAW GOVERNING THE ASSISTANCE PROGRAM FOR VICTIMS OF RAPE AND SEX OFFENSES TO CLARIFY THE DEFINITION OF THE TERM "FORENSIC MEDICAL EXAMINATION" AND REQUIRE THE SECRETARY OF PUBLIC SAFETY TO ASSESS A CIVIL PENALTY ON A MEDICAL FACILITY OR MEDICAL PROFESSIONAL WHO BILLS A VICTIM, THE VICTIM'S PERSONAL INSURANCE, MEDICAID, MEDICARE, OR ANY OTHER COLLATERAL SOURCE FOR THE COST OF A FORENSIC MEDICAL EXAMINATION AND TO AUTHORIZE THE NORTH CAROLINA INNOCENCE INQUIRY COMMISSION TO PAY OUTSIDE COUNSEL WITH EXISTING FUNDS.
Intro. by Richardson, Goodwin.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 13 2021)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original title was AN ACT TO REVISE THE LAW GOVERNING THE ASSISTANCE PROGRAM FOR VICTIMS OF RAPE AND SEX OFFENSES TO CLARIFY THE DEFINITION OF THE TERM "FORENSIC MEDICAL EXAMINATION" AND REQUIRE THE SECRETARY OF PUBLIC SAFETY TO ASSESS A CIVIL PENALTY ON A MEDICAL FACILITY OR MEDICAL PROFESSIONAL WHO BILLS A VICTIM, THE VICTIM'S PERSONAL INSURANCE, MEDICAID, MEDICARE, OR ANY OTHER COLLATERAL SOURCE FOR THE COST OF A FORENSIC MEDICAL EXAMINATION.

H 626

Bill Summaries:

  • Summary date: May 11 2021 - View Summary

    House committee substitute to the 1st edition makes the following changes. Amends GS 143B-1200 by further revising the definition given for the term forensic medical examination to include facility fees. Makes additional technical changes. 

    Adds that the North Carolina Innocence Inquiry Commission may, of the funds appropriated to the Administrative Office of the Courts, pay up to $14,000 for 2020-21 for litigation services provided by outside council if the services were approved by the Governor under GS 147-17. Makes conforming changes to the act's long title. Makes conforming and clarifying changes to act's effective date.

     


  • Summary date: Apr 20 2021 - View Summary

    Amends GS 143B-1200 to bar a medical facility or medical professional that performs a forensic medical examination from billing the victim of rape or sexual offenses, the victim's personal insurance, Medicaid, Medicare, or any other collateral source for the examination and other eligible expenses, with violations punishable by a civil penalty of up to $25,000 per violation (currently prohibited with no civil penalty specified). Revises the definition given for the term forensic medical examination to require (was encouraged) at minimum an exam of physical trauma, a patient interview, a determination of penetration or force, a collection and evaluation of evidence, and any other act or procedure listed in the federal definition of the term (previously not specified). Adds that the term includes any costs associated with items listed under the definition, including equipment or supplies. Effective October 1, 2021.