Sexual assault: medical evidentiary examinations.

Existing law requires the cost of a medical evidentiary examination performed by a qualified health care professional, hospital, or other emergency medical facility for a victim of a sexual assault to be treated as a local cost and charged to the local law enforcement agency in whose jurisdiction the alleged offense was committed. Existing law authorizes a local law enforcement agency to seek reimbursement from the Office of Emergency Services for the cost of conducting the medical evidentiary examination portion of a medical examination of a sexual assault victim who has not decided whether to participate in the criminal justice system. This bill would specify that a medical evidentiary examination includes the treatment, as specified, of any injuries sustained as a result of an assault and testing for pregnancy and sexually transmitted infections. Existing law prohibits the billing of a victim of a sexual assault for a medical evidentiary examination. This bill would authorize the State Department of Public Health to assess an administrative penalty against hospitals and clinics for a violation of this prohibition. The bill would require the proceeds of these penalties to be placed into the Medical Evidentiary Examination Penalty Fund, created by this bill, and would make those funds available upon appropriation by the Legislature to the department to reimburse hospitals and clinics for unbilled costs, as specified.