LD 1195
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LD 1195 Title Page An Act To Protect Women and Children from Sexual Predators by Requiring the Sta... Page 2 of 14
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LR 837
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 5 MRSA §3360-M, as enacted by PL 1999, c. 719, §1 and
affected by §11, is amended to read:

 
§3360-M. Payment for forensic examinations for alleged victims

 
of rape

 
1. Payment. The board shall pay the costs of forensic
examinations for alleged victims of gross sexual assault rape
from the Victims' Compensation Fund. The board shall track
expenditures for forensic examinations separately from all other
expenditures. Forensic examination payments are not subject to
any other provision of this chapter.

 
2. Forensic examination. The board shall determine by rule
what a forensic examination may include for purposes of payment.
An examination must include at least all services directly
related to the gathering of forensic evidence and related testing
and treatment for pregnancy and sexually transmitted diseases.
The board shall pay a licensed hospital or licensed health care
practitioner the actual cost of the forensic examination up to a
maximum of $500.

 
3. Process for payment. A licensed hospital or licensed
health care practitioner that performs forensic examinations for
alleged victims of gross sexual assault rape shall submit a bill
to the Victims' Compensation Board directly for payment of the
forensic examinations. The hospital or health care practitioner
that performs a forensic examination shall take steps necessary
to ensure the confidentiality of the alleged victim's identity.
The bill submitted by the hospital or health care practitioner
may not identify the alleged victim by name but must be assigned
a tracking number that corresponds to the forensic examination
kit. The tracking number may not be the alleged victim's social
security number. The hospital or health care practitioner that
performs the examination may not bill the alleged victim or the
alleged victim's insurer, nonprofit hospital or medical service
organization or health maintenance organization for payment of
the examination. The alleged victim is not required to report the
alleged offense to a law enforcement agency.

 
4. Other reimbursement. The fact that forensic examinations
are paid for separately through the Victims' Compensation Fund
does not preclude alleged victims of gross sexual assault rape
from seeking reimbursement for expenses other than those for the
forensic examination. A victim seeking reimbursement from the
Victims' Compensation Fund for expenses other than the forensic
examination is subject to all other provisions of this chapter.


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