Section Jus 605.13 - Felonious Sexual Assault Examinations and Prophylaxis(a) Pursuant to RSA 21-M:8-c, a person who claims to be a victim of a felonious sexual assault who is examined by a physician or hospital for the purpose of treatment, gathering information or evidence shall not be charged for such services or examination that relate to the sexual assault and any other crime-related injuries. All payments rendered under this provision shall be subject to the fee for service Medicaid rate. The department shall also pay for follow-up services and examination related to the sexual assault only and shall not pay for such services or examinations for other crime-related injuries or expenses.(b) For the safety and privacy of the victim, the health care provider shall not, under any circumstances, send an invoice or billing statement directly to the victim but shall send it directly to the department.(c) The following billing protocol shall apply:(1) If the victim of a felonious sexual assault chooses to remain anonymous, even if they have healthcare insurance, the health provider shall seek payment directly from the department or shall write off such charges;(2) If the victim of a felonious sexual assault has insurance, and chooses to bill their healthcare insurance, the health provider shall seek payment from the patient's healthcare insurer. Neither the patient nor the department shall be billed for anything above the coverage limit; and(3) If the victim of a felonious sexual assault is covered by Medicaid or Medicare and the reporting kit is not anonymous, the health provider shall seek payment directly from Medicaid or Medicare.(d) If a person who claims to be a victim of a felonious sexual assault has health insurance, and opts to use their insurance, which requires the payment of a deductible or a co-payment for such services or examination, the department shall either reimburse the victim for such payment made or pay such deductible or co-payment directly.(e) The victim shall agree to forensic evidence collection if examination is sought within 10 days of the assault. The evidence so collected shall not be examined forensically unless the victim also reports the crime to law enforcement. The victim may initially choose to have such evidence collection done anonymously, but the victim shall choose whether to report the crime within 60 days of the evidence collection. If the victim does not report within the 60-day period, the evidence shall be destroyed.(f) If it is determined by the examining health care provider that the victim may have been exposed to HIV/AIDS as a result of the assault, a voucher for prophylactic medication(s) shall be given to the victim.(g) Each victim shall also receive a voucher for forensic medical follow-up care. Any payment of a deductible or co-payment for such care shall be handled as provided in (c) above.(h) A victim who has sought medical treatment pursuant to (a) and (d) above shall be deemed to: (1) Have made a report to law enforcement in compliance with Jus 605.02(c); and(2) Have presented credible evidence that an eligible crime has occurred pursuant to Jus 605.02(d).N.H. Admin. Code § Jus 605.13
Renumbered by 605.12 Volume XL Number 2, Filed January 9, 2020, Proposed by #12938, Effective 12/9/2019, Expires 12/9/2029.