North Carolina § 143B-1200 - Assistance Program for Victims of Rape and Sex Offenses.

§ 143B-1200. Assistance Program for Victims of Rape and Sex Offenses.

Establishment of Program. - There is established an Assistance Program for Victims of Rape and Sex Offenses, hereinafter referred to as the "Program." The Secretary shall administer and implement the Program and shall have authority over all assistance awarded through the Program. The Secretary shall promulgate rules and guidelines for the Program. Victims to Be Provided Free Forensic Medical Examinations. - It is the policy of this State to arrange for victims to obtain forensic medical examinations free of charge. Whenever a forensic medical examination is conducted as a result of a sexual assault or an attempted sexual assault that occurred in this State, the Program shall pay for the cost of the examination. A medical facility or medical professional that performs a forensic medical examination on the victim of a sexual assault or attempted sexual assault shall not seek payment for the examination except from the Program. No Billing of Victim. - A medical facility or medical professional that performs a forensic medical examination shall accept payment made under this section as payment in full of the amount owed for the cost of the examination and other eligible expenses and shall not bill victims, their personal insurance, Medicaid, Medicare, or any other collateral source for the examination. Furthermore, a medical facility or medical professional shall not seek reimbursement from the Program after one year from the date of the examination. Eligible Expenses. - Medical facilities and medical professionals who perform forensic medical examinations shall do so using a Sexual Assault Evidence Collection Kit. Payments by the Program for the forensic medical examination shall be limited to the following: Payment Directly to Provider. - The Program shall make payment directly to the medical facility or medical professional. Bills submitted to the Program for payment shall specify under which categories of expense set forth in subsection (d) of this section the billed services fall. Additional Victim Notification Requirements. - A medical facility or medical professional who performs a forensic medical examination shall encourage victims to submit an application for reimbursement of medical expenses beyond the forensic examination to the Crime Victims Compensation Commission for consideration of those expenses. Medical facilities and medical professionals shall not seek reimbursement from the Program after one year from the date of the exam. Judicial Review. - Upon an adverse determination by the Secretary on a claim for assistance under this Part, a victim is entitled to judicial review of that decision. The person seeking review shall file a petition in the Superior Court of Wake County. The Secretary shall adopt rules to encourage, whenever practical, the use of licensed registered nurses trained under G.S. 90-171.38(b) to conduct medical examinations and procedures. Definitions. - The following definitions apply in this section: Forensic medical examination. - An examination provided to a sexual assault victim by medical personnel trained to gather evidence of a sexual assault in a manner suitable for use in a court of law. The examination should include at a minimum an examination of physical trauma, a patient interview, a determination of penetration or force, and a collection and evaluation of evidence. This definition shall be interpreted consistently with 28 C.F.R. § 90.2(b) and other relevant federal law. SANE nurse. - A Sexual Assault Nurse Examiner that is a licensed registered nurse trained pursuant to G.S. 90-171.38(b) who obtains preliminary histories, conducts in-depth interviews, and conducts medical examinations of rape victims or victims of related sexual offenses. Sexual assault. - Any of the following crimes: First-degree forcible rape as defined in G.S. 14-27.21. Second-degree forcible rape as defined in G.S. 14-27.22. First-degree statutory rape as defined in G.S. 14-27.24. Statutory rape of a person who is 15 years of age or younger as defined in G.S. 14-27.25. First-degree forcible sexual offense as defined in G.S. 14-27.26. Second-degree forcible sexual offense as defined in G.S. 14-27.27. First-degree statutory sexual offense as defined in G.S. 14-27.29. Statutory sexual offense with a person who is 15 years of age or younger as defined in G.S. 14-27.30. Sexual Assault Evidence Collection Kit. - The kit assembled and paid for by the Program and used to conduct forensic medical examinations in this State. Service Maximum Amount Paid by Program Physician or SANE Nurse $350.00 Hospital/Facility Fee $250.00 Other Expenses Deemed Eligible Total: $800.00 History (1981, c. 931, s. 2; 1981 (Reg. Sess., 1982), c. 1191, s. 16; 2009-354, s. 1(b); 2011-145, s. 19.1(x1); 2011-391, s. 43(i); 2015-181, s. 38.) Cross References. - As to Sexual Assault and Rape Crisis Center Fund, see G.S. 143B-394.21. Victims Assistance Network Report. - Session Laws 2005-276, s. 18.2, provides: "The Department of Crime Control and Public Safety [Department of Public Safety] shall report on the expenditure of funds allocated pursuant to this section for the Victims Assistance Network. The Department shall also report on the Network's efforts to gather data on crime victims and their needs, act as a clearinghouse for crime victims' services, provide an automated crime victims' bulletin board for subscribers, coordinate and support activities of other crime victims' advocacy groups, identify the training needs of crime victims' services providers and criminal justice personnel, and coordinate training for these personnel. The Department shall submit its report to the Chairs of the Appropriations Subcommittees on Justice and Public Safety of the Senate and House of Representatives by December 1 of each year of the biennium." Editor's Note. - Former G.S. 143B-480.1 was renumbered as G.S. 143B-272.103 by Session Laws 2011-145, s. 19.1(x1), as amended by Session Laws 2011-391, s. 43(i), effective January 1, 2012. It has been renumbered as this section at the direction of the Revisor of Statutes. Session Law 2011-145, s. 19.1(x1), as amended by Session Laws 2011-391, s. 43(i) recodified former Part 3A (G.S. 143B-480.1 and 143B-480.3) of Article 11 of Chapter 143B as Subpart A (G.S. 143B-272.103 and 143B-272.104) of Part 7 of Article 5A of Chapter 143B . Article 5A was renumbered as Article 13 and the Subpart A heading was deleted at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2012-83, s. 63, provides: "The evidence warehouse that was operated by the Law Enforcement Support Services Division of the Department of Crime Control and Public Safety prior to January 1, 2012, is transferred to the Office of External Affairs in the Department of Public Safety. All State-owned personal property located in or associated with the warehouse and all evidence of any type, including rape kits, located in the warehouse are reallocated to the Office of External Affairs in the Department of Public Safety. The warehouse shall be known as the 'Victim Services Warehouse.' The Department of Public Safety shall assume any lease to which the warehouse is subject at the time this section becomes effective." Session Laws 2015-181, s. 48, made the amendments to this section by Session Laws 2015-181, s. 38, applicable to offenses committed on or after December 1, 2015, and further provided: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." This Act became effective December 1, 2015. Effect of Amendments. - Session Laws 2009-354, s. 1(b), effective July 27, 2009, designated the previously existing provisions as subsection (a), and added the subsection catchline, and added subsections (b) through (i). Session Laws 2015-181, s. 38, effective December 1, 2015, rewrote subdivision (i)(3). For applicability, see editor's note.