AB272 - Revises provisions relating to forensic medical examinations. (BDR 16-596)

A.B. 272 - *AB272* ASSEMBLY BILL NO. 272–ASSEMBLYMEMBER HARDY FEBRUARY 20, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to forensic medical examinations. (BDR 16-596) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to forensic medical examinations; repealing, replacing and revising certain provisions relating to the payment of and reimbursement for forensic medical examinations of certain victims of crime; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law: (1) requires a county in whose jurisdiction a sexual assault is 1 committed to pay any costs incurred by a hospital for a forensic medical 2 examination of the victim; and (2) provides that such costs must not be charged 3 directly to the victim. (NRS 217.300) Similarly, existing law: (1) requires a county 4 in whose jurisdiction a domestic violence battery by strangulation is committed to 5 pay any costs incurred by a hospital for a strangulation forensic medical 6 examination of the victim; and (2) provides that such costs must not be charged 7 directly to the victim. (NRS 217.405) 8 Sections 3 and 13 of this bill remove and repeal the provisions of existing law 9 requiring the costs incurred by a hospital for a forensic medical examination of a 10 victim of sexual assault or domestic violence battery by strangulation to be paid by 11 the county. Instead, section 1 of this bill establishes procedures by which a health 12 care facility may be reimbursed by the Department of Health and Human Services 13 for any costs incurred by the health care facility for the forensic medical 14 examination of a victim of sexual assault, domestic violence, battery which is 15 committed by strangulation or certain offenses related to human trafficking. 16 Additionally, section 1 prohibits the health care facility from directly charging the 17 victims for the costs of such a forensic medical examination. Sections 2 and 4-12 18 of this bill make conforming changes necessary to implement the new procedures 19 for reimbursement. 20 – 2 – - *AB272* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 217 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. Except as otherwise provided in subsection 2, a health care 3 facility that incurs any costs for a forensic medical examination 4 shall pay those costs and may not charge the costs directly to the 5 subject of the forensic medical examination. 6 2. A health care facility that incurs any costs for a forensic 7 medical examination may apply to the Department for 8 reimbursement in an amount determined by the Department for 9 each forensic medical examination. 10 3. An application for reimbursement must include 11 documentation of the services rendered during the forensic 12 medical examination. 13 4. The Department shall reimburse a health care facility not 14 later than 60 days after receiving a completed application for 15 reimbursement. 16 5. The Department shall adopt regulations to establish: 17 (a) The procedures to be followed in the filing and review of 18 an application for reimbursement, which must comply with all 19 laws concerning the privacy of information, including, without 20 limitation, the Health Insurance Portability and Accountability 21 Act of 1996, Public Law 104-191, as amended, and applicable 22 regulations; and 23 (b) The amount to be reimbursed for a forensic medical 24 examination, which must be reviewed annually by the Department. 25 6. The filing of a report with the appropriate law enforcement 26 agency must not be a prerequisite to qualify for a forensic medical 27 examination pursuant to this section. 28 7. As used in this section: 29 (a) “Department” means the Department of Health and 30 Human Services. 31 (b) “Forensic medical examination” means: 32 (1) An examination by a provider of health care to obtain 33 evidence from a victim of sexual assault; or 34 (2) An examination conducted by a provider of health care 35 for the purpose of assessing the health care needs of a victim of 36 domestic violence, a victim of strangulation or a victim of human 37 trafficking and coordinating the treatment of any injuries of the 38 victim. 39 (c) “Health care facility” has the meaning ascribed to it in 40 NRS 200.471. 41 – 3 – - *AB272* (d) “Victim of domestic violence” means a person who is the 1 victim of the commission of any act described in NRS 33.018. 2 (e) “Victim of human trafficking” has the meaning ascribed to 3 it in NRS 217.520. 4 (f) “Victim of sexual assault” has the meaning ascribed to it in 5 NRS 217.280. 6 (g) “Victim of strangulation” means a person who is a victim 7 of a battery which is committed by strangulation as described in 8 NRS 200.481. 9 Sec. 2. NRS 217.160 is hereby amended to read as follows: 10 217.160 1. The compensation officer may order the payment 11 of compensation: 12 (a) To or for the benefit of the victim. 13 (b) If the victim has suffered personal injury, to any person 14 responsible for the maintenance of the victim who has suffered 15 pecuniary loss or incurred expenses as a result of the injury. 16 (c) If the victim dies, to or for the benefit of any one or more of 17 the dependents of the victim. 18 (d) To a minor who is a member of the household or immediate 19 family of a victim of a battery which constitutes domestic violence 20 pursuant to NRS 33.018 who needs an assessment, a psychological 21 evaluation or psychological counseling for emotional trauma 22 suffered by the minor as a result of the battery. 23 (e) To a member of the victim’s household or immediate family 24 for psychological counseling for emotional trauma suffered by the 25 member as a result of the crime of murder as defined in 26 NRS 200.010. 27 [(f) To a county in whose jurisdiction a sexual assault was 28 committed for the reimbursement of costs associated with a forensic 29 medical examination of a victim of sexual assault that are paid by 30 the county pursuant to NRS 217.300. A county may be reimbursed 31 pursuant to this paragraph in an amount equal to the cost of 10 32 forensic medical examinations or $10,000, whichever is less, each 33 fiscal year.] 34 2. As used in this section: 35 (a) “Battery” has the meaning ascribed to it in paragraph (a) of 36 subsection 1 of NRS 200.481. 37 (b) [“Forensic medical examination” has the meaning ascribed 38 to it in NRS 217.300. 39 (c)] “Household” means an association of persons who live in 40 the same home or dwelling and who: 41 (1) Have significant personal ties to the victim; or 42 (2) Are related by blood, adoption or marriage, within the 43 first degree of consanguinity or affinity. 44 – 4 – - *AB272* [(d)] (c) “Immediate family” means persons who are related by 1 blood, adoption or marriage, within the first degree of consanguinity 2 or affinity. 3 [(e) “Victim of sexual assault” has the meaning ascribed to it in 4 NRS 217.280.] 5 Sec. 3. NRS 217.300 is hereby amended to read as follows: 6 217.300 1. The county in whose jurisdiction a sexual assault 7 is committed shall [: 8 (a) Pay] pay any costs incurred for medical care for any physical 9 injuries resulting from the sexual assault which is provided to the 10 victim not later than 72 hours after the victim first arrives for 11 treatment. 12 [(b) Pay any costs incurred by a hospital for the forensic medical 13 examination of the victim.] 14 2. Any costs incurred pursuant to subsection 1: 15 (a) Must not be charged directly to the victim of sexual assault. 16 (b) Must be charged to the county in whose jurisdiction the 17 offense was committed. 18 [3. The filing of a report with the appropriate law enforcement 19 agency must not be a prerequisite to qualify for a forensic medical 20 examination pursuant to this section. 21 4. The costs associated with a forensic medical examination 22 must not be included in the costs for medical treatment pursuant to 23 NRS 217.310. 24 5. As used in this section, “forensic medical examination” 25 means an examination by a health care provider to obtain evidence 26 from a victim of sexual assault.] 27 Sec. 4. NRS 217.310 is hereby amended to read as follows: 28 217.310 1. If any victim of sexual assault requires medical 29 treatment for physical injuries as a result of the sexual assault, in 30 addition to any initial emergency medical care provided, or if any 31 victim or spouse of such a victim suffers emotional trauma as a 32 result of the sexual assault, the victim or spouse may, upon 33 submitting an affidavit as required by subsection 2, apply to the 34 board of county commissioners in the county where the sexual 35 assault occurred for treatment at county expense. 36 2. The board shall approve an application for treatment upon 37 receiving an affidavit from the applicant declaring that: 38 (a) The applicant is a victim of sexual assault or spouse of such 39 a victim; 40 (b) The sexual assault occurred in the county; and 41 (c) The victim requires medical treatment for physical injuries, 42 or the victim or spouse has suffered emotional trauma, as a result of 43 the sexual assault. 44 – 5 – - *AB272* 3. A victim who has suffered emotional trauma may select a 1 relative or close friend to receive counseling with the victim if the 2 counselor agrees that such companionship will be helpful to the 3 victim. If the victim’s application for treatment is approved, 4 counseling for the relative or friend must also be approved. 5 4. A victim must file a report with the appropriate law 6 enforcement agency or submit to a forensic medical examination 7 pursuant to [NRS 217.300] section 1 of this act as a prerequisite for 8 the victim or any other person eligible to qualify for treatment under 9 the provisions of this section. 10 5. Whenever costs are incurred by a hospital for treatment 11 which has been approved by the board of county commissioners 12 pursuant to this section for the victim of a sexual assault and any 13 other person eligible for treatment, the costs of the treatment, not to 14 exceed $1,000, must be charged to the county which authorized the 15 treatment. Any remainder must be handled the same as other 16 hospital costs. 17 6. The costs associated with a forensic medical examination 18 must not be included in the costs for medical treatment under this 19 section. 20 7. As used in this section, “forensic medical examination” 21 means an examination by a provider of health care to obtain 22 evidence from a victim of sexual assault. 23 Sec. 5. NRS 178A.060 is hereby amended to read as follows: 24 178A.060 “Forensic medical examination” has the meaning 25 ascribed to it in NRS [217.300.] 217.310. 26 Sec. 6. NRS 178A.190 is hereby amended to read as follows: 27 178A.190 1. If a survivor requests a consultation with a 28 sexual assault victims’ advocate or an attendant to provide support 29 to the survivor pursuant to NRS 178A.170, the medical provider 30 shall summon the sexual assault victims’ advocate or attendant 31 before the commencement of the forensic medical examination. 32 2. If a sexual assault victims’ advocate or an attendant to 33 provide support to the survivor pursuant to NRS 178A.170 cannot 34 be summoned in a timely manner, the medical provider shall inform 35 the survivor of the ramifications of delaying the forensic medical 36 examination. 37 3. A survivor must not be required to pay any expense related 38 to a forensic medical examination pursuant to [NRS 217.300.] 39 section 1 of this act. 40 4. After the forensic medical examination, the survivor has the 41 right to use a shower apparatus at no cost, unless a facility which 42 includes a shower apparatus is not available. 43 5. Before a medical provider commences a forensic medical 44 examination, the medical provider shall inform the survivor of his or 45 – 6 – - *AB272* her rights pursuant to the Sexual Assault Survivors’ Bill of Rights 1 and other relevant law by presenting a document developed by the 2 Office of the Attorney General pursuant to NRS 178A.270. 3 6. The person who presents to the survivor the document 4 developed by the Office of the Attorney General pursuant to NRS 5 178A.270 shall sign a written acknowledgment indicating that the 6 person presented the document to the survivor. The written 7 acknowledgment must be retained in the case file of the survivor. 8 Sec. 7. NRS 200.364 is hereby amended to read as follows: 9 200.364 As used in NRS 200.364 to 200.3788, inclusive, 10 unless the context otherwise requires: 11 1. “Forensic laboratory” has the meaning ascribed to it in 12 NRS 176.09117. 13 2. “Forensic medical examination” has the meaning ascribed to 14 it in NRS [217.300.] 217.310. 15 3. “Genetic marker analysis” has the meaning ascribed to it in 16 NRS 176.09118. 17 4. “Offense involving a pupil or child” means any of the 18 following offenses: 19 (a) Sexual conduct between certain employees of a school or 20 volunteers at a school and a pupil pursuant to NRS 201.540. 21 (b) Sexual conduct between certain employees of a college or 22 university and a student pursuant to NRS 201.550. 23 (c) Sexual conduct between certain employees or contractors of 24 or volunteers for an entity which provides services to children and a 25 person under the care, custody, control or supervision of the entity 26 pursuant to NRS 201.555. 27 5. “Perpetrator” means a person who commits a sexual offense, 28 an offense involving a pupil or child or sex trafficking. 29 6. “Sex trafficking” means a violation of subsection 2 of 30 NRS 201.300. 31 7. “Sexual assault forensic evidence kit” means the forensic 32 evidence obtained from a forensic medical examination. 33 8. “Sexual offense” means any of the following offenses: 34 (a) Sexual assault pursuant to NRS 200.366. 35 (b) Statutory sexual seduction pursuant to NRS 200.368. 36 9. “Sexual penetration” means cunnilingus, fellatio, or any 37 intrusion, however slight, of any part of a person’s body or any 38 object man [Text truncated for display. 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