HOUSE BILL NO. 270 An Act relating to sexual assault and sexual abuse and to payment for certain medical costs and examinations in cases of alleged sexual assault or sexual abuse. REPRESENTATIVE ERIC CROFT stated that HB 270 would guarantee that adult victims of sexual assault are not charged for the costs of evidentiary forensic exams. He noted that a victim of sexual assault has by definition been victimized once. In order to facilitate investigation of the crime and prosecution of the criminal, a victim is often asked to submit to a forensic exam to gather evidence. The forensic exams often involve taking physical samples and photographs. While it is the ordinary police practice to pay for these evidence-gathering exams, some victims now report that they have been asked to pay for the cost of the forensic exam through their medical insurance. To victims of sexual assault, this is a third victimization. Representative Croft explained that when a house is burglarized and law enforcement takes photos or fingerprints of evidence, the victim is never sent the bill, directly or indirectly, or asked to have their homeowners' insurance billed. There is faith that most law enforcement agencies take responsibility for victims' needs and appropriately pay for evidentiary exams as needed. Representative Croft concluded that with the passage of HB 270, victims would be assured that they could not be required to pay for evidentiary forensic exams. Representative Foster questioned how widespread the problem is. Representative Croft replied that it is not widespread but that it does exist. He noted that the majority of police agencies do the right thing in this regard. However, some agencies do try to transfer this concern to the individual's insurance. That type action can result from tight budget times. Representative G. Davis inquired the average cost for the service. Representative Croft advised that it costs approximately $300-$500 dollars. Co-Chair Therriault questioned if there was any legitimate payment which could be cut off through passage of this legislation. Representative Croft commented that some places have indicated that they do not charge families out of pocket expense. If a child was eligible for Medicaid or health insurance, they may attempt to tap that source. He reiterated that the family should not be liable. Representative Austerman asked the ratio of children versus adult cases. Representative Croft did not know the answer. LAUREE HUGONIN, DIRECTOR, ALASKA NETWORD ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT (ANDVSA), JUNEAU, commented that these charges occur as a result of hospital accounting procedures. The range of costs can be from between $300- $1000 dollars. The direct charges usually result from the accounting procedures at the hospitals and not the law enforcement agencies. She noted that there has been some difficulty in Mat-Su, Anchorage, Kenai and Sitka and possibly in Bethel. She was not aware of other parts of the State where there was a problem. Ms. Hugonin advised that this problem is not on going and pervasive, but that it does occur more than sporadically. Ms. Hugonin testified on the actual exam process that a person must go through after the assault. She urged the Committee to seriously consider passing the legislation so that the victim does not have to go through the pain of the ordeal again. Vice Chair Bunde asked the advantage to the hospital in requesting the exam money. He questioned if the police agencies were slow in processing these claims. Ms. Hugonin acknowledged that the hospitals are concerned with having timely payments. Originally, there was concern that law enforcement would not bring forward all the cases because they would not be able to pay for the exams. Representative Austerman asked if the object of the legislation is that no one individual would be responsible to pay for this type service. Ms. Hugonin replied that it is the intention that no "victim" pay for the examine. She noted that it clarifies that the State Troopers and/or the local law enforcement would pay for the exam. TRISHA GENTLE, DIRECTOR, COUNCIL ON DOMESTIC VIOLENCE AND SEXAUL ASSAULT (CDVSA), JUNEAU, voiced support for the legislation. She reiterated that the actual "receiving of the bill" again reminds the victim of the trauma that they experienced. She emphasized that the bill would help protect the rape victim from further trauma. DEL SMITH, DEPUTY COMMISSIONER, DEPARTMENT OF PUBLIC SAFETY, noted that the Department supports the legislation. He clarified that the cost of collection of forensic evidence and the prosecution of the crime is the responsibility of the agency that is investigating and collecting that evidence. The legislation guarantees that the victim does not pay. The Anchorage Police Department was concerned that there were certain parties that could pay for the service. Mr. Smith agreed that placing the stipulation in statute would guarantee that the victim does not receive the bill. Mr. Smith speculated that hospitals are not set up to administer a third party billing. He noted that his Department currently pays out approximately $50 thousand dollars per year for this type service. Representative Phillips read for the record, a statement from a woman in Juneau who had experienced the charges as indicated. The letter states that the medical costs should not become a deterrent for a woman to seek out the care that they need after a rape experience. Representative Foster MOVED to report CS HB 270 (HES) out of Committee with individual recommendations and with the accompanying fiscal note. There being NO OBJECTION, it was so ordered. CS HB 270(HES) was reported out of Committee with a "do pass" recommendation and with a fiscal note by the Department of Public Safety dated 3/15/00. (TAPE CHANGE, HFC 00 - 111, Side 2).