Authority: IC 5-2-6.1-46

Affected: IC 5-2-6.1; IC 16-21-8

Sec. 3. (a) As used in this rule, "emergency hospital service" means outpatient services rendered in the emergency room that are a direct and proximate result of the alleged sex crime, including, but not limited to, at the division's discretion, the following:

1. (1) Reasonable costs of counseling services for the sex crime victim directly relating to the assault, rendered within one (1) year following the initial emergency room treatment. At the division's discretion, other persons deemed necessary for the sex crime victim's sex crime crisis counseling may also be eligible for counseling services. The counseling costs are reimbursable only when services are rendered by or through a hospital or licensed medical service provider participating in the fund. Included in the itemized statement of counseling services shall be:

   1. (A) a delineation of the party receiving the service;
   2. (B) the date of the subsequent counseling; and
   3. (C) the date of the initial emergency room treatment.
2. (2) Evidence-gathering and diagnostic physical examinations.
3. (3) Initial pregnancy and sexually transmitted disease testing related to the alleged sex crime.

4. (4) Other itemized laboratory work including the following:

   1. (A) Alcohol and drug testing.
   2. (B) Syphilis testing up to ninety (90) days following the alleged sex crime.
   3. (C) Pregnancy and other sexually transmitted disease testing up to thirty (30) days following the alleged sex crime.
5. (5) Suturing and care of any wounds, including anesthesia and prescribed medications.
6. (6) X-rays.
7. (7) Other limited outpatient emergency treatment at the discretion of the division.

(b) The amounts charged to the division by a hospital or a licensed medical service provider for any qualifying emergency hospital service shall be commensurate with the service actually rendered.

(c) Noncompensable services include the following:

1. (1) Inpatient hospital services.
2. (2) Nonsexual assault related services.

(d) If a patient is subsequently admitted to the hospital on an inpatient basis following emergency room treatment, the patient may apply to the division and meet separate eligibility requirements to receive benefits for inpatient treatment.

(Victim Services Division; 203 IAC 1-2-3; filed Aug 26, 2004, 1:30 p.m.: 28 IR 11; readopted filed Dec 2, 2010, 2:29 p.m.: 20101229-IR-203100660RFA; readopted filed Nov 30, 2017, 1:38 p.m.: 20171227-IR-203170441RFA; readopted filed Jun 22, 2023, 11:34 a.m.: 20230719-IR-203230221RFA)