Ohio § 2907.28

§ 2907.28.

(A) Any cost incurred by a hospital or emergency medical facility in conducting a medical

examination of a victim of an offense under any provision of sections 2907.02 to 2907.06 of the Revised Code for the purpose of gathering physical evidence for a possible prosecution, including

the cost of any antibiotics administered as part of the examination and the cost of

HIV post-exposure prophylaxis provided as part of the examination, shall be paid out

of the reparations fund established pursuant to section 2743.191 of the Revised Code , subject to the following conditions: (1) The hospital or emergency facility shall follow a protocol for conducting such medical

examinations that is identified by the attorney general in rule adopted in accordance

with Chapter 119. of the Revised Code. (2) The hospital or emergency facility shall submit requests for payment to the attorney

general on a monthly basis, through a procedure determined by the attorney general

and on forms approved by the attorney general.  The requests shall identify the number of sexual assault examinations performed

and the number of sexual assault examinations in which HIV post-exposure prophylaxis

was provided and shall verify that all required protocols were met for each examination

form submitted for payment in the request. (3) The attorney general shall review all requests for payment that are submitted under

division (A)(2) of this section and shall submit for payment as described in division

(A)(5) of this section all requests that meet the requirements of this section. (4)(a) The hospital or emergency facility shall accept a flat fee payment for conducting

each examination in the amount determined by the attorney general pursuant to Chapter

119. of the Revised Code as payment in full for any cost incurred in conducting a

medical examination and test of a victim of an offense under any provision of sections 2907.02 to 2907.06 of the Revised Code for the purpose of gathering physical evidence for a possible prosecution of a person,

other than the cost of providing HIV post-exposure prophylaxis.  The attorney general shall determine a flat fee payment amount to be paid under

this division that is reasonable. (b) The hospital or emergency facility shall accept a flat fee payment for providing

HIV post-exposure prophylaxis in the amount determined by the attorney general pursuant

to Chapter 119. of the Revised Code as payment in full for any cost incurred in providing

HIV post-exposure prophylaxis while conducting a medical examination and test of a

victim of an offense under any provision of sections 2907.02 to 2907.06 of the Revised Code for the purpose of gathering physical evidence for a possible prosecution of a person.

The attorney general shall determine a reasonable flat fee payment amount to be paid

under this division. (5) In approving a payment under this section, the attorney general shall order the payment

against the state.  The payment shall be accomplished only through the following procedure, and the

procedure may be enforced through a mandamus action and a writ of mandamus directed

to the appropriate official: (a) The attorney general shall provide for payment in the amount set forth in the order. (b) The expense of the payment of the amount described in this section shall be charged

against all available unencumbered moneys in the reparations fund. (B) No costs incurred by a hospital or emergency facility in conducting a medical examination

and test of any victim of an offense under any provision of sections 2907.02 to 2907.06 of the Revised Code for the purpose of gathering physical evidence for a possible prosecution of a person

shall be billed or charged directly or indirectly to the victim or the victim's insurer. (C) Any cost incurred by a hospital or emergency medical facility in conducting a medical

examination and test of any person who is charged with a violation of division (B) of section 2903.11 or of section 2907.02 , 2907.03 , 2907.04 , 2907.05 , 2907.12 , 2907.24 , 2907.241 , or 2907.25 of the Revised Code , with a violation of a municipal ordinance that is substantially equivalent to that

division or any of those sections, or with a violation of a statute or municipal ordinance

under which by force or threat of force the accused compelled the victim to engage

in sexual activity, pursuant to division (B) of section 2907.27 of the Revised Code , shall be charged to and paid by the accused who undergoes the examination and test,

unless the court determines that the accused is unable to pay, in which case the cost

shall be charged to and paid by the municipal corporation in which the offense allegedly

was committed, or charged to and paid by the county if the offense allegedly was committed

within an unincorporated area.  If separate counts of an alleged offense or alleged separate offenses under division (B) of section 2903.11 or section 2907.02 , 2907.03 , 2907.04 , 2907.05 , 2907.12 , 2907.24 , 2907.241 , or 2907.25 of the Revised Code , under a municipal ordinance that is substantially equivalent to that division or

any of those sections, or under a statute or municipal ordinance in violation of which

by force or threat of force the accused compelled the victim to engage in sexual activity

took place in more than one municipal corporation or more than one unincorporated

area, or both, the local governments shall share the cost of the examination and test.  If a hospital or other emergency medical facility has submitted charges for the

cost of a medical examination and test to an accused and has been unable to collect

payment for the charges after making good faith attempts to collect for a period of

six months or more, the cost shall be charged to and paid by the appropriate municipal

corporation or county as specified in division (C) of this section. (D) As used in this section: (1) “AIDS” and “HIV” have the same meanings as in section 3701.24 of the Revised Code . (2) “HIV post-exposure prophylaxis” means the administration of medicines to prevent

AIDS or HIV infection following exposure to HIV.