Colorado § 18-3-407.7 - Sexual assault victim emergency payment program - creation - eligibility.

§ 18-3-407.7. Sexual assault victim emergency payment program - creation - eligibility.

(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 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 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. The total amount paid for all expenses must not exceed the annual cap established by the division of criminal justice.

(a.5) A law enforcement agency may request reimbursement to have costs associated with the collection of forensic evidence for a victim covered through the program. The division of criminal justice shall develop a policy, including a requirement to establish an annual cap, for the amount payable to a law enforcement agency based on actual and reasonable costs and available funds.

(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.

(4) By December 31, 2024, the division of criminal justice shall develop and maintain a system that allows the division to track claims, process invoices, sort information, and produce reports concerning, at a minimum:

(a) The number of medical forensic examinations paid for by the program;

(b) The total cost of services compensated related to medical forensic examinations paid for by the program;

(c) Information concerning the status of claims in the system, including the number of claims paid, the number of claims denied and reasons for denial, the number of claims pending approval or denial, and the average time between reimbursement claim submission and approval or denial by the program;

(d) The names and locations of medical facilities that submitted claims for reimbursement from the program; and

(e) Demographic information of victims whose claims are reimbursed and denied through the program, if available.

(5) (a) On or before January 30, 2026, and on or before January 30 of each year thereafter, the division shall submit a report to the judiciary committees of the house of representatives and the senate, or any successor committees, with the information described in subsection (4) of this section from the preceding calendar year.

(b) The department shall ensure the report does not disclose any information in violation of applicable state and federal laws regarding the confidentiality of an individual's information.

(c) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (5) continues indefinitely.

Source: L. 2013: Entire section added, (HB 13-1163), ch. 215, p. 895, § 3, effective May 13. L. 2023: (1) and (2)(a) amended and (2)(a.5), (4), and (5) added, (HB 23-1199), ch. 263, p. 1566, § 3, effective May 25.