Tennessee § 29-13-118 - Forensic medical examinations in sexual assault cases.

§ 29-13-118. Forensic medical examinations in sexual assault cases.

For purposes of this section, unless the context otherwise requires, “forensic medical examination” means an examination provided to a victim of a sexually-oriented crime by any health care provider who gathers evidence of a sexual assault in a manner suitable for use in a court of law. A victim of a sexually-oriented crime, defined as a violation of §§ 39-13-502 – 39-13-506, 39-13-522, 39-13-527, 39-13-531, and 39-13-532, shall be entitled to forensic medical examinations without charge to the victim. No bill for the examination shall be submitted to the victim, nor shall the medical facility hold the victim responsible for payment. All claims for forensic medical examinations are eligible for payment from the criminal injuries compensation fund, created under § 40-24-107. Notwithstanding any provision of this part to the contrary, the victims shall not be required to report the incident to law enforcement officers or to cooperate in the prosecution of the crime in order to be eligible for payment of forensic medical examinations. A claim for compensation under this section shall be filed no later than one (1) year after the date of the examination by the health care provider that performed the examination, including a hospital, physician, SANE program, Child Advocacy Center, or other medical facility. The claim shall be filed with the division, in person or by mail. The division is authorized to prescribe and distribute forms for the filing of claims for compensation. The claim shall set forth the name and address of the victim, and any other information required by the division in order to satisfy federal regulations issued under the Victims of Crime Act of 1984, compiled generally in 42 U.S.C. § 10601 et seq. The claim shall be accompanied by an itemized copy of the bill from the health care provider that conducted the examination. The bill shall, at a minimum, set forth the name of the victim, the date the examination was performed, the amount of the bill, the amount of any payments made on the bill, and the name and address of the health care provider that performed the examination. The amount of compensation that may be awarded under this section shall not exceed one thousand dollars ($1,000), and shall constitute full compensation to the health care provider that provided the service. No provider receiving compensation pursuant to this section shall bill the victim for any additional cost related to the forensic medical examination. The compensation shall be made pursuant to this subsection (d) no later than ninety (90) days after receiving the documentation required under subsection (c). Payment to a health care provider under this section does not prohibit the victim from receiving other payments for which the victim may be eligible under this part or any other law. Acts 2007, ch. 511, § 1; 2008, ch. 1043, § 6; 2016, ch. 905, § 1. Compiler's Notes. Former § 29-13-118 (Acts 1984, ch. 997, § 2; 1985, ch. 278, § 9; 1986, ch. 911, § 3; 1989, ch. 129, § 21), concerning payment and priority of awards, was repealed by Acts 2002, ch. 869, § 4, effective August 1, 2002. Acts 2007, ch. 511, § 2 provided that the act, which enacted this section, shall apply to the specified sexually-oriented crimes committed on or after July 1, 2007. Acts 2016, ch. 905, § 2 provided that the act, which amended this section, shall apply to all claims for compensation filed pursuant to this section for forensic medical examinations performed on or after July 1, 2016. Amendments. The 2016 amendment substituted “one thousand dollars ($1,000)” for “seven hundred fifty dollars ($750)” in the first sentence of (d). Effective Dates. Acts 2016, ch. 905, § 2. July 1, 2016.