Utah Admin. Code 270-1-24

Current through Bulletin 2024-17, September 1, 2024

Section R270-1-24 - Sexual Assault Forensic Examinations

(1) The office may pay a medical service provider who performs a medical forensic sexual assault examination:

(a) up to $1,250 for a complete medical forensic sexual assault examination with photo documentation; and

(b) the full cost of any medications the medical service provider gives directly to a victim during a medical forensic sexual assault examination such as:

(i) the morning after pill or high dose oral contraceptives for the prevention of pregnancy; and

(ii) medication for the treatment and prevention of sexually transmitted diseases.

(2) The office may pay a medical facility where a medical forensic sexual assault examination is performed:

(a) 50% of the fee for the use of an examination room to perform a medical forensic sexual assault examination up to a maximum payment of $350; and

(b) the PEHP rate if one has been established or 50% of the fee for:

(i) a history and physical;

(ii) the collection of specimens and wet mount for sperm;

(iii) testing for gonorrhea, chlamydia, trichomonas, and other sexually transmitted diseases;

(iv) a serum blood test for pregnancy; and

(v) the testing and treatment of sexually transmitted diseases.

(3) To be eligible for reimbursement of a medical forensic sexual assault examination, the medical service provider who performed the sexual assault forensic examination shall:

(a) report the medical forensic sexual assault examination to law enforcement; and

(b) only collect evidence with the permission of the victim or the legal guardian of the victim.

(4) A request for reimbursement of medical forensic sexual assault examination shall include:

(a) the victim's name, date of birth, or facility patient number;

(b) a description of what services were provided;

(c) an itemization of the services provided; and

(d) either:

(i) the signature of a law enforcement officer, victim advocate or service provider; or

(ii) the law enforcement case number.

(5) The applicant or medical service provider shall submit the request for reimbursement to the office within one year from the date the medical forensic sexual assault examination was performed.

(6) A victim may not be:

(a) charged for a medical forensic sexual assault examination; or

(b) required to participate in the criminal justice system or cooperate with law enforcement or prosecuting attorneys as a condition of being provided a medical forensic sexual assault examination.

(7) The office may not provide any reimbursement for any costs associated with an over-the-counter sexual assault evidence kit that is available to the public for at home collection of evidence, including the cost of the kit and the cost of any testing performed on the kit.

Utah Admin. Code R270-1-24

Amended by Utah State Bulletin Number 2016-22, effective 10/24/2016

Amended by Utah State Bulletin Number 2017-13, effective 6/7/2017

Amended by Utah State Bulletin Number 2022-01, effective 12/22/2021

Amended by Utah State Bulletin Number 2023-24, effective 12/8/2023