(1) There is hereby created the sexual assault victim emergency payment program, referred
to in this section as the “program”, in the division of criminal justice in the department
of public safety. The purpose of the program is to assist medical-reporting victims of sexual assault
with medical expenses associated with a sexual assault that are not otherwise covered
pursuant to section 18-3-407.5 or any other victim compensation program.
(2)(a) A medical-reporting victim must request and receive a medical forensic examination
to be eligible to have medical costs and fees covered through the program. The division of criminal justice shall develop a policy for administering the program. The policy must include a requirement to establish a cap for the amount payable
per victim based on actual and reasonable costs and available funds, but the minimum
cap must not be less than one thousand dollars. The program must cover medical fees and costs associated with obtaining the medical
forensic examination, including but not limited to emergency department fees and costs,
laboratory fees, prescription medication, and physician's fees, as long as funds are
available. The program may also cover medical fees and costs for injuries directly related
to the sexual assault. The program may also pay for any uncovered direct costs of the medical forensic
examination for a medical-reporting victim. The total amount paid for all expenses must not exceed the annual cap established
by the division of criminal justice.
(b) The program shall be the payer of last resort.
(c) A hospital shall limit the amounts charged for emergency or associated fees and
costs eligible for payment pursuant to paragraph (a) of this subsection (2) to not
more than the lowest negotiated rate from a private health plan.
(3) The division of criminal justice may waive any requirement set forth in this section
for good cause shown or in the interests of justice, if it is so required.
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