SUBCHAPTER II
SEXUAL ASSAULT FORENSIC EXAMINATION COMPENSATION
Jus 11.14 Description of the program. (1) Authority and purpose. This subchapter is promulgated under s. 949.22, Stats., for the purpose of administering the awards of compensation to health care providers who perform sexual assault forensic examinations and providing procedures to ensure any limitation of an award is calculated in a fair and equitable manner. (2) Applicability. This subchapter applies to all applications for an award to cover the costs of performing a sexual assault forensic examination.
(3) Administration. This subchapter shall be administered by the director appointed by the attorney general to administer ch. 949, Stats. (4) Service and filing. Papers an required to be filed with the department of justice shall be filed either in person or by mail and shall be addressed: Wisconsin Department of Justice, Office of Crime Victim Services, 123 West Washington Avenue, Post Office Box 7951, Madison, WI 53707-7951. The papers are deemed filed when received by the department.
(5) Definitions. In this subchapter
(a) “Department” has the meaning specified in s. 949.20 (2), Stats. (b) “Sex offense” has the meaning specified in s. 949.20 (7), Stats. Jus 11.15 Eligibility for an award. (1) Incorporation of subchapter II of ch. 949, Stats. The health care provider must follow all requirements of subch. II of ch. 949, Stats. (2) Examination services for which costs are covered. A health care provider is eligible to be paid an award for all of the following services:
(a) Collection of the victim’s medical history.
(b) Collection of a forensic history of the events of the assault.
(c) Physical examination of the victim for evidence of the assault.
(d) Photographs of the physical evidence of the sex offense, if the health care provider conducting the examination has been trained to take photographs for use as evidence.
(e) Evaluation, testing, and prophylaxis for sexually transmitted diseases.
(f) Evaluation of the risk of pregnancy.
(g) Collection of blood and urine using the collection kit provided by law enforcement.
(3) Other costs which are covered. A health care provider is also eligible to be reimbursed for other expenses incurred in conducting the examination, including but not limited to, the cost for the use of its facility for the examination.
(4) Relationship with s. 50.375, Stats. Nothing in this subchapter affects a health care provider’s duties under s. 50.375, Stats. Jus 11.16 Procedures for payment of awards of examination costs. (1) Itemized bill. A health care provider seeking an award for examination costs shall provide an itemized bill to the department with individual charges listed for each service for which reimbursement is sought. Only one itemized bill shall be submitted for each examination. The health care provider shall also indicate the amount sought for all of the following categories of examination costs:
(a) Services of the provider.
(b) Facilities used for the examination.
(c) Any other expenses.
(2) No billing of victim. Per s. 949.26(2)(a), Stats., a health care provider seeking an award under this subchapter may not seek payment for any examination costs from the victim or any guardian of the victim. (3) Payment directly to health care provider. The department will pay the award directly to the health care provider that performed the examination.
(4) Maximum amount of award. The department will pay two-thirds of the amount billed for eligible services, up to a maximum of $1200 for each examination. In exceptional cases, the department in its sole discretion may approve an award in excess of the maximum amount if the health care provider submits evidence that that maximum amount did not fairly and equitably compensate it for the costs incurred in conducting the examination. Beginning January 1, 2017, the maximum amount of an award shall be adjusted annually by the “inflation factor” as defined in s. 79.05(1)(am), Stats., and certified by the department of revenue under s. 79.05(2m), Stats. SECTION 10. Effective Date of Rule.
This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
