SB 949

Abstract

Criminal Injuries Compensation Fund; uncompensated medical costs; victims of sexual assault. Adds to those persons invited to participate in the annual meeting of the group led by the attorney for the Commonwealth to coordinate the multidisciplinary response to criminal sexual assault in each political subdivision (i) local health department district directors; (ii) the administrator of each licensed hospital within the jurisdiction; (iii) the director of each health safety net clinic within the jurisdiction; and (iv) any other local health care providers, or their designees, and authorizes attorneys for the Commonwealth to conduct the sexual assault response team annual meetings using other methods, such as electronic communication means, to encourage attendance. The bill also directs the Secretary of Health and Human Resources to establish a work group to evaluate the feasibility of moving responsibility for the SAFE program from the Virginia Workers' Compensation Commission to the Department of Medical Assistance Services and to provide recommendations related to (i) the feasibility and cost of expanding the type of services for which the Criminal Injuries Compensation Fund will make awards to include claims or portions of claims based on the claimant's actual expenses incurred for unreimbursed medical costs resulting from sexual abuse, including the cost of physical evidence recovery kit examinations conducted on victims of sexual assault, unreimbursed medical expenses or indebtedness reasonably incurred for medical expenses, expenses attributable to pregnancy resulting from such sexual abuse, and any other reasonable and necessary expenses and indebtedness associated with or attributable to the sexual abuse upon which such claim is based and (ii) the feasibility of transferring responsibility from the Virginia Workers' Compensation Commission to the Department of Medical Assistance Services for the Sexual Assault Forensic Examination program (the SAFE program) and related claims for medical expenses related to sexual assault, strangulation, domestic and intimate partner violence, human trafficking, and adult and child abuse. If the work group finds that it is not feasible to move responsibility for the SAFE program and related claims from the Virginia Workers' Compensation Commission to the Department of Medical Assistance Services, the work group shall develop recommendations for creation of an efficient, seamless electronic medical claim processing system for hospitals and health care providers that coordinates payments from all available sources, suppresses explanations of benefits, and removes the patient from the medical billing and reimbursement process. The work group's report shall include specific legislative, regulatory, and budgetary changes necessary to implement the work group's recommendations. The work group shall report its findings and recommendations to the Governor and the Chairmen of the House Committee on Appropriations, the Senate Committee on Finance and Appropriations, and the Joint Commission on Health Care by September 1, 2020. This bill is identical to HB 806.

Criminal Injuries Compensation Fund; uncompensated medical costs; victims of sexual assault. Adds to those persons invited to participate in the annual meeting of the group led by the attorney for the Commonwealth to coordinate the multidisciplinary response to criminal sexual assault in each political subdivision (i) local health department district directors; (ii) the administrator of each licensed hospital within the jurisdiction; (iii) the director of each health safety net clinic within the jurisdiction; and (iv) any other local health care providers, or their designees, and authorizes attorneys for the Commonwealth to conduct the sexual assault response team annual meetings using other methods, such as electronic communication means, to encourage attendance. The bill also eliminates the requirement that a victim of sexual assault report the assault to law enforcement or undergo a physical evidence recovery kit examination to be eligible for compensation for uncompensated medical costs through the Criminal Injuries Compensation Fund, and directs the Secretary of Health and Human Resources to establish a work group to evaluate the feasibility of moving responsibility for the SAFE program from the Virginia Workers’ Compensation Commission to the Department of Medical Assistance Services and to provide recommendations related to increasing the reimbursement rates for sexual assault forensic examinations to cover the actual cost of such examinations and including reimbursement of costs associated with preparing for and participating in a criminal trial related to the sexual assault when a sexual assault forensic nurse is subpoenaed to participate in such trial as a cost that is reimbursable through the SAFE program. The workgroup shall report its findings and conclusions to the Governor and the Chairmen of the House Committee on Appropriations, the Senate Committee on Finance, and the Joint Commission on Health Care by September 1, 2020. The provisions of the bill are contingent on funding in a general appropriation act.

Criminal Injuries Compensation Fund; uncompensated medicalcosts; victims of sexual assault. Adds to those persons invited toparticipate in the annual meeting of the group led by the attorney for theCommonwealth to coordinate the multidisciplinary response to criminal sexualassault in each political subdivision (i) local health department districtdirectors; (ii) the administrator of each licensed hospital within thejurisdiction; (iii) the director of each health safety net clinic within thejurisdiction; and (iv) any other local health care providers, or theirdesignees, and authorizes attorneys for the Commonwealth to conduct the sexualassault response team annual meetings using other methods, such as electroniccommunication means, to encourage attendance. The bill also eliminates therequirement that a victim of sexual assault report the assault to lawenforcement or undergo a physical evidence recovery kit examination to be eligiblefor compensation for uncompensated medical costs through the Criminal InjuriesCompensation Fund, and directs the Secretary of Health and Human Resources toestablish a work group to evaluate the feasibility of moving responsibility forthe SAFE program from the Virginia Workers’ Compensation Commission to theDepartment of Medical Assistance Services and to provide recommendationsrelated to increasing the reimbursement rates for sexual assault forensicexaminations to cover the actual cost of such examinations and includingreimbursement of costs associated with preparing for and participating in acriminal trial related to the sexual assault when a sexual assault forensicnurse is subpoenaed to participate in such trial as a cost that is reimbursablethrough the SAFE program. The workgroup shall report its findings andconclusions to the Governor and the Chairmen of the House Committee onAppropriations, the Senate Committee on Finance, and the Joint Commission onHealth Care by September 1, 2020.  This legislation is approved by theJoint Commission on Health Care.