Legal Chain of Custody vs. Medical Break Glass

Defining & Handling Forensic Data vs Medical Data

Disclaimer: This video is for educational purposes only. It does not constitute medical, legal or technical advice. Always consult and follow federal, state and local laws regarding the educational material presented in this video.

§ 90.2 Definition of what a Forensic Medical Exam “(c) The term ‘‘forensic medical examination’’ means an examination provided to a victim of sexual assault by medical personnel to gather evidence of a sexual assault in a manner suitable for use in a court of law.

34 USC §10449: Rape exam payments says… “(b) Medical costs A State, Indian tribal government, or unit of local government shall be deemed to incur the full out-of-pocket cost of forensic medical exams for victims of sexual assault if any government entity… Provides such exams to victims free of charge to the victim; or Arranges for victims to obtain such exams free of charge to the victims

Below is a chart of Reimbursement for Forensic Medical Exam information, which offers links to information from each state's website. Please use this information as you see fit. The content on this webpage is dynamic and subject to change anytime due to changes beyond SDFI's control. Please report any discontinued links to Support@sdfi.com . Thank You.

State Name Flag Web Link / Notes
General Information N/AGeneral Information Forensic Medical Exam Reimbursement
EVAWI N/AEVAWI Forensic Medical Exam Reimbursement
Alabama Alabama Forensic Medical Exam Reimbursement
Alaska It is unclear which state Alaskan government department pays for sexual assault exams. It might be the Violent Crimes Compensation Board. It is clear that victims must not "pay, directly or indirectly, through health insurance or any other means, for the costs of examination…". SEE http://www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.legis.state.ak.us/cgi-bin/folioisa.dll/stattx16/query=[JUMP:%27AS1868020%27]/doc/{@1}?firsthit
Arizona Arizona Forensic Medical Exam Reimbursement
Arkansas The Crime Victims Reparations Board pays for Forensic Exams. Use Microsoft's Internet Explorer to SEE https://www.lexisnexis.com/hottopics/arcode/ and look for Arkansas Code - Title 12 Law Enforcement, Emergency Management, and Military Affairs - Subtitle 2. Law Enforcement Agencies and Programs - Chapter 12. Crime Reporting And Investigations - Subchapter 4 -- Sexual Assault - Medical-Legal Examinations - 12-12-403. Examinations and treatment -- Payment.
California Sexual assault evidentiary exams (SAEs or SART exams) are ordered by and paid for by law enforcement and cannot be billed to victims. City or County law enforcement is billed for the exam. Government Claims Program: 800-955-0045.
Colorado Colorado Forensic Medical Exam Reimbursement
Connecticut Connecticut Forensic Medical Exam Reimbursement
Delaware Delaware Forensic Medical Exam Reimbursement
District of Columbia State grantees may only award VOCA funds to a medical facility for the purpose of performing forensic examinations on sexual assault victims if (1) the examination meets the standards established by the state, local prosecutor’s office, or state-wide sexual assault coalition; and (2) appropriate crisis counseling and/or other types of victim services are offered to the victim in conjunction with the . www.ojp.usdoj.gov/ovc/voca/vaguide.htm
Florida Per Florida Statute 960.28, payment for a victim’s initial forensic physical examinations is available to a medical provider who performs an initial forensic physical examination. The provider may not bill a victim or the victim’s parent or guardian if the victim is a minor, directly or indirectly for that examination. The Crime Victims’ Services Office of the Department of Legal Affairs shall pay for medical expenses connected with an initial forensic physical examination of a victim of sexual battery as defined in Chapter 794 or a lewd or lascivious offense as defined in Chapter 800. Such payment shall be made regardless of whether the victim is covered by health or disability insurance and whether the victim participates in the criminal justice system or cooperates with law enforcement. The payment shall be made only out of moneys allocated to the Crime Victims’ Services Office - 800-226-6667.
Georgia Georgia Forensic Medical Exam Reimbursement
Hawaii Questions may be directed to the Division of Purchasing at phone: (808) 241-4288, Fax:  (808) 241-6297, or Email: COKPurchasing@kauai.gov.
Idaho Idaho Forensic Medical Exam Reimbursement
Illinois Illinois Forensic Medical Exam Reimbursement
Indiana ICJI may only award VOCA funds to a medical facility for the purpose of performing forensic examinations on sexual assault victims if (a) the examination meets the standards established by the state, local prosecutor’s office, or statewide sexual assault coalition; and (b) ) appropriate crisis counseling and/or other types of victim services are offered to the victim in conjunction with the examination Indiana Criminal Justice Institute 101 West Washington Street Suite 1170, East Tower Indianapolis, IN 46204 Phone 317-232-1233 Fax 317-232-4979
Iowa Iowa Forensic Medical Exam Reimbursement
Kansas Kansas law says that the county were the sexual assault happened must pay for the exam. Contact the: Crime Victims Compensation Board 120 SW 10th Ave, 2nd Floor Topeka, KS 785-296-2359 Telephone 785-296-0652 Fax http://www.ksag.org
Kentucky Kentucky Forensic Medical Exam Reimbursement
Louisiana Louisiana is currently in compliance with the requirements concerning costs for criminal charges and protective orders, forensic medical examination payment for victims of sexual assault and judicial notification. Call the Crime Victims Reparations Board (225) 342-1749 Toll free 1-888-6-VICTIM FREE (Nationwide)
Maine Maine Forensic Medical Exam Reimbursement
Maryland Governor's Office of Crime Control & Prevention 300 E. Joppa Road, Suite 1105 Baltimore, MD 21286-3016 E-mail (general): info@goccp.state.md.us Telephone Numbers: Main Line: 410-821-2828 Toll Free: 1-877-687-9004 FREE TTY users (MD Relay): 1-800-735-2258 FREE Fax Number: 410-321-3116
Massachusetts Forensic Examinations. For sexual assault victims, forensic exams are allowable costs only to the extent that other funding sources (such as state compensation or private insurance or public benefits) are unavailable or insufficient and, such exams conform with state evidentiary collection requirements. Massachusetts Office for Victim Assistance One Ashburton Place, Room 1101 Boston, MA 02108 (617) 586-1340 (TEL) (617) 586 -1367 (FAX) mova@state.ma.us www.mass.gov/mova
Michigan Michigan Forensic Medical Exam Reimbursement
Minnesota Minnesota Forensic Medical Exam Reimbursement
Mississippi Mississippi Forensic Medical Exam Reimbursement
Missouri Missouri Forensic Medical Exam Reimbursement
Montana Montana Forensic Medical Exam Reimbursement
Nebraska http://www.sapr.mil/public/docs/laws/nebraska.pdf Office of the Attorney General 2115 State Capitol Lincoln, NE 68509 Phone: (402) 471-2683 Email: ago.info.help@nebraska.gov Fax: (402) 471-3297
Nevada 1. The county in whose jurisdiction a sexual assault is committed shall: (a) Pay any costs incurred for medical care for any physical injuries resulting from the sexual assault which is provided to the victim not later than 72 hours after the victim first arrives for treatment. (b) Pay any costs incurred by a hospital for the forensic medical examination of the victim. 2. Any costs incurred pursuant to subsection 1: (a) Must not be charged directly to the victim of sexual assault. (b) Must be charged to the county in whose jurisdiction the offense was committed. 3. The filing of a report with the appropriate law enforcement agency must not be a prerequisite to qualify for a forensic medical examination pursuant to this section. 4. The costs associated with a forensic medical examination must not be included in the costs for medical treatment pursuant to NRS 217.310. 5. As used in this section, “forensic medical examination” means an examination by a health care provider to obtain evidence from a victim of sexual assult. http://leg.state.nv.us/NRS/NRS-217.html#NRS217Sec300
New Hampshire New Hampshire Forensic Medical Exam Reimbursement
New Jersey New Jersey Forensic Medical Exam Reimbursement
New Mexico New Mexico Forensic Medical Exam Reimbursement
New York New York Forensic Medical Exam Reimbursement
North Carolina North Carolina Forensic Medical Exam Reimbursement
North Dakota North Dakota Forensic Medical Exam Reimbursement
Ohio Ohio Forensic Medical Exam Reimbursement
Oklahoma Oklahoma Forensic Medical Exam Reimbursement
Oregon Oregon Forensic Medical Exam Reimbursement
Pennsylvania Pennsylvania Forensic Medical Exam Reimbursement
Rhode Island Rhode Island Forensic Medical Exam Reimbursement
South Carolina South Carolina Forensic Medical Exam Reimbursement
South Dakota South Dakota Forensic Medical Exam Reimbursement
Tennessee Tennessee Forensic Medical Exam Reimbursement
Texas Texas Forensic Medical Exam Reimbursement
Utah Utah Forensic Medical Exam Reimbursement
Vermont Vermont Forensic Medical Exam Reimbursement
Virginia 19.2 - 165.1 Medical fees for gathering evidence: Request for reimbursement for sexual assault related PERK or forensic examinations should be submitted to the Criminal Injuries Compensation Fund Payment Coordinator P O Box 26927 Richmond VA 23261- 800-552-4007. cicfclaimants@cicf.virginia.gov
Washington Washington Forensic Medical Exam Reimbursement
West Virginia West Virginia Forensic Medical Exam Reimbursement
Wisconsin Wisconsin Forensic Medical Exam Reimbursement
Wyoming Wyoming Forensic Medical Exam Reimbursement
Guam Guam Forensic Medical Exam Reimbursement
U.S. Virgin Islands U.S. Virgin Islands Forensic Medical Exam Reimbursement
Puerto Rico Puerto Rico Forensic Medical Exam Reimbursement
District of Columbia District of Columbia Forensic Medical Exam Reimbursement
American Samoa American Samoa Forensic Medical Exam Reimbursement
Northern Mariana Islands

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