South Dakota § 22-22-26.2 - Forensic medical examinations--Coordination of cost payment--Notice to victim--Victim not required to participate--Payment terms.

§ 22-22-26.2. Forensic medical examinations--Coordination of cost payment--Notice to victim--Victim not required to participate--Payment terms.

Each hospital and clinic that provides a forensic medical examination under § 22-22-26 shall coordinate with the county to establish a payment process by which the county shall pay for the cost of the examination, and to notify any victim of rape or sexual offense of the availability of an examination at no cost to the victim. A victim of rape or sexual offense is not required to participate in the criminal justice system or to cooperate with law enforcement to be provided with a forensic medical examination.

The amount paid to a hospital or clinic for a forensic medical examination performed under § 22-22-26 may not exceed the actual cost of the examination or an amount established by the secretary of the Department of Social Services, whichever is less. The amount established by the secretary under this section must be based on medicaid payment methodology. A hospital or clinic may not maintain a claim against a county for any amount that exceeds the usual, ordinary, and reasonable charge for a forensic medical examination, even if the amount is less than the actual cost of the examination. If the hospital or clinic provides forensic medical examinations, or any portion of an examination, to persons who are medically indigent residing in the county in which the hospital or clinic is located, at a cost less than the amount provided for in this section, the hospital or clinic must furnish the examination, or any applicable portion of the examination, at the lower cost.

Source: SL 2018, ch 131, § 3; SL 2026, ch 105, § 2.