H.B. 626
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 20, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10303-ML-110
Short Title: Forensic Medical Examination Costs/Revisions. (Public)
Sponsors: Representative Richardson.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO REVISE THE LAW GOVERNING THE ASSISTANCE PROGRAM FOR
3 VICTIMS OF RAPE AND SEX OFFENSES TO CLARIFY THE DEFINITION OF THE
4 TERM "FORENSIC MEDICAL EXAMINATION" AND REQUIRE THE SECRETARY
5 OF PUBLIC SAFETY TO ASSESS A CIVIL PENALTY ON A MEDICAL FACILITY OR
6 MEDICAL PROFESSIONAL WHO BILLS A VICTIM, THE VICTIM'S PERSONAL
7 INSURANCE, MEDICAID, MEDICARE, OR ANY OTHER COLLATERAL SOURCE
8 FOR THE COST OF A FORENSIC MEDICAL EXAMINATION.
9 The General Assembly of North Carolina enacts:
10 SECTION 1. G.S. 143B-1200 reads as rewritten:
11 "§ 143B-1200. Assistance Program for Victims of Rape and Sex Offenses.
12 …
13 (c) No Billing of Victim. – A medical facility or medical professional that performs a
14 forensic medical examination shall not bill the victim, the victim's personal insurance, Medicaid,
15 Medicare, or any other collateral source for the examination and other eligible expenses. A
16 medical facility or medical professional that performs a forensic medical examination shall
17 accept payment made under this section as payment in full of the amount owed for the cost of
18 the examination and other eligible expenses and shall not bill victims, their personal insurance,
19 Medicaid, Medicare, or any other collateral source for the examination. expenses. Furthermore,
20 a medical facility or medical professional shall not seek reimbursement from the Program after
21 one year from the date of the examination. A medical facility or medical professional who bills
22 a victim, the victim's personal insurance, Medicaid, Medicare, or any other collateral source for
23 the examination and other eligible expenses, in violation of this subsection, shall be assessed by
24 the Secretary a civil penalty in the amount of twenty-five thousand dollars ($25,000) for each
25 violation. The clear proceeds of civil penalties assessed pursuant to this section shall be remitted
26 to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
27 …
28 (i) Definitions. – The following definitions apply in this section:
29 (1) Forensic medical examination. – An examination provided to a sexual assault
30 victim by medical personnel trained to gather evidence of a sexual assault in
31 a manner suitable for use in a court of law. The examination should shall
32 include at a minimum an examination of physical trauma, a patient interview,
33 a determination of penetration or force, and a collection and evaluation of
34 evidence. evidence, and any other act or procedure listed in the definition of
35 "forensic medical examination" set forth in 28 C.F.R. § 90.2(b). This term also
36 includes any costs associated with the items listed in this subdivision, such as
*DRH10303-ML-110*
 General Assembly Of North Carolina Session 2021
1 equipment or supplies. This definition shall be interpreted consistently with
2 28 C.F.R. § 90.2(b) and other relevant federal law.
3 …."
4 SECTION 2. G.S. 143B-1200(c), as amended by Section 1 of this act, becomes
5 effective October 1, 2021, and applies to violations committed on or after that date.
6 G.S. 143B-1200(i)(1), as amended by Section 1 of this act, becomes effective October 1, 2021,
7 and applies to forensic medical examinations completed on or after that date. The remainder of
8 this act becomes effective October 1, 2021.
Page 2 DRH10303-ML-110


Statutes affected:
Filed: 143B-1200
Edition 1: 143B-1200
Edition 2: 143B-1200