§ 143B-480.1. Assistance Program for Victims of Rape and Sex Offenses. - North Carolina Statutes

Part 3A. Assistance Program forVictims of Rape and Sex Offenses.

§ 143B‑480.1. Assistance Program for Victims of Rape and Sex Offenses.

(a)        Establishment ofProgram. – There is established an Assistance Program for Victims of Rape andSex Offenses, hereinafter referred to as the "Program." The Secretaryshall administer and implement the Program and shall have authority over allassistance awarded through the Program. The Secretary shall promulgate rulesand guidelines for the Program.

(b)        Victims to Be ProvidedFree Forensic Medical Examinations. – It is the policy of this State to arrangefor victims to obtain forensic medical examinations free of charge. Whenever aforensic medical examination is conducted as a result of a sexual assault or anattempted sexual assault that occurred in this State, the Program shall pay forthe cost of the examination. A medical facility or medical professional thatperforms a forensic medical examination on the victim of a sexual assault orattempted sexual assault shall not seek payment for the examination except fromthe Program.

(c)        No Billing ofVictim. – A medical facility or medical professional that performs a forensicmedical examination shall accept payment made under this section as payment infull of the amount owed for the cost of the examination and other eligibleexpenses and shall not bill victims, their personal insurance, Medicaid,Medicare, or any other collateral source for the examination. Furthermore, amedical facility or medical professional shall not seek reimbursement from theProgram after one year from the date of the examination.

(d)        Eligible Expenses.– Medical facilities and medical professionals who perform forensic medicalexaminations shall do so using a Sexual Assault Evidence Collection Kit.Payments by the Program for the forensic medical examination shall be limitedto the following:

Service                                                MaximumAmount Paid by Program

Physician or SANE Nurse                                                $350.00

Hospital/Facility Fee                                                         $250.00

Other Expenses Deemed Eligible

by the Program                                                           $200.00

Total:                                                                              $800.00

(e)        Payment Directly toProvider. – The Program shall make payment directly to the medical facility ormedical professional. Bills submitted to the Program for payment shall specifyunder which categories of expense set forth in subsection (d) of this sectionthe billed services fall.

(f)         Additional VictimNotification Requirements. – A medical facility or medical professional whoperforms a forensic medical examination shall encourage victims to submit anapplication for reimbursement of medical expenses beyond the forensicexamination to the Crime Victims Compensation Commission for consideration ofthose expenses. Medical facilities and medical professionals shall not seekreimbursement from the Program after one year from the date of the exam.

(g)        Judicial Review. – Uponan adverse determination by the Secretary on a claim for assistance under thisPart, a victim is entitled to judicial review of that decision. The personseeking review shall file a petition in the Superior Court of Wake County.

(h)        The Secretary shalladopt rules to encourage, whenever practical, the use of licensed registerednurses trained under G.S. 90‑171.38(b) to conduct medical examinationsand procedures.

(i)         Definitions. – Thefollowing definitions apply in this section:

(1)        Forensic medicalexamination. – An examination provided to a sexual assault victim by medicalpersonnel trained to gather evidence of a sexual assault in a manner suitablefor use in a court of law. The examination should include at a minimum an examinationof physical trauma, a patient interview, a determination of penetration orforce, and a collection and evaluation of evidence. This definition shall beinterpreted consistently with 28 C.F.R. § 90.2(b) and other relevant federallaw.

(2)        SANE nurse. – ASexual Assault Nurse Examiner that is a licensed registered nurse trainedpursuant to G.S. 90‑171.38(b) who obtains preliminary histories, conductsin‑depth interviews, and conducts medical examinations of rape victims orvictims of related sexual offenses.

(3)        Sexual assault. – Anyof the following crimes:

a.         First‑degreerape as defined in G.S. 14‑27.2.

b.         Second degree rapeas defined in G.S. 14‑27.3.

c.         First‑degreesexual offense as defined in G.S. 14‑27.4.

d.         Second degree sexualoffense as defined in G.S. 14‑27.5.

e.         Statutory rape asdefined in G.S. 14‑27.7A.

(4)        Sexual AssaultEvidence Collection Kit. – The kit assembled and paid for by the Program andused to conduct forensic medical examinations in this State.  (1981, c. 931, s. 2; 1981(Reg. Sess., 1982), c. 1191, s. 16; 2009‑354, s. 1(b).)