Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Health Care & Wellness Committee

HB 2102

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Clarifying that hospitals and emergency medical facilities providing sexual assault examinations may seek reimbursement from a sexual assault victim's health coverage as long as the victim does not receive a bill or incur any out-of-pocket expenses associated with such reimbursement.

Brief Summary of Bill

Clarifies that a hospital or emergency medical facility may seek reimbursement from Medicare, Medicaid, or private insurance for a sexual assault examination as long as the victim does not receive a bill or incur any out-of-pocket expenses.

Background:

A victim of a sexual assault may undergo a forensic examination to collect evidence that was left behind during the assault. The provider conducting the examination preserves the evidence using a sexual assault forensic examination kit.

The costs sexual assault examinations are paid by the Crime Victims Compensation Program in the Department of Labor and Industries. Legislation enacted in 2017 set the payment rates for sexual assault examinations at the same rate as for workers' compensation claims. The victim is prohibited by law from being charged directly or indirectly for the examination.

Summary of Bill:

The prohibition against billing a victim for the costs of a sexual assault examination does not prohibit a hospital or emergency medical facility from seeking reimbursement from Medicaid, Medicare, or private insurance as long as the victim does not receive a bill or incur any out-of-pocket expenses associated with the reimbursement.