SB 472-1_ Filed 02/16/2005, 10:08
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Corrections, Criminal, and Civil Matters, to which was referred Senate Bill
No. 472, has had the same under consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 16-18-2-97; (05)AM047202.1. -->
SECTION 1. IC 16-18-2-97 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 97. "Division" means
the following:
(1) For purposes of IC 16-21-8, the meaning set forth in
IC 16-21-8-0.5.
(1) (2) For purposes of IC 16-22-8, the meaning set forth in
IC 16-22-8-3.
(2) (3) For purposes of IC 16-27, a group of individuals under the
supervision of the director within the state department assigned
the responsibility of implementing IC 16-27.
(3) (4) For purposes of IC 16-28, a group of individuals under the
supervision of the director within the state department assigned
the responsibility of implementing IC 16-28.
(4) (5) For purposes of IC 16-41-40, the meaning set forth in
IC 16-41-40-1.
SOURCE: IC 16-18-2-295; (05)AM047202.2. -->
SECTION 2. IC 16-18-2-295 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 295.
(a) "Provider",
for purposes of IC 16-21-8, has the meaning set forth in
IC 16-21-8-0.6.
(a) (b) "Provider", for purposes of IC 16-38-5, IC 16-39 (except for
IC 16-39-7) and IC 16-41-1 through IC 16-41-9 and IC 16-41-37,
means any of the following:
(1) An individual (other than an individual who is an employee or
a contractor of a hospital, a facility, or an agency described in
subdivision (2) or (3)) who is licensed, registered, or certified as
a health care professional, including the following:
(A) A physician.
(B) A psychotherapist.
(C) A dentist.
(D) A registered nurse.
(E) A licensed practical nurse.
(F) An optometrist.
(G) A podiatrist.
(H) A chiropractor.
(I) A physical therapist.
(J) A psychologist.
(K) An audiologist.
(L) A speech-language pathologist.
(M) A dietitian.
(N) An occupational therapist.
(O) A respiratory therapist.
(P) A pharmacist.
(2) A hospital or facility licensed under IC 16-21-2 or IC 12-25 or
described in IC 12-24-1 or IC 12-29.
(3) A health facility licensed under IC 16-28-2.
(4) A home health agency licensed under IC 16-27-1.
(5) An employer of a certified emergency medical technician, a
certified emergency medical technician-basic advanced, a certified
emergency medical technician-intermediate, or a certified
paramedic.
(6) The state department or a local health department or an
employee, agent, designee, or contractor of the state department
or local health department.
(b) (c) "Provider", for purposes of IC 16-39-7-1, has the meaning set
forth in IC 16-39-7-1(a).
SOURCE: IC 16-18-2-365.5; (05)AM047202.3. -->
SECTION 3. IC 16-18-2-365.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 365.5. "Victim", for purposes of
IC 16-21-8, has the meaning set forth in IC 16-21-8-0.7.
SOURCE: IC 16-21-8-0.5; (05)AM047202.4. -->
SECTION 4. IC 16-21-8-0.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]:
Sec. 0.5. As used in this chapter,
"division" refers to the victim services division of the Indiana
criminal justice institute established by IC 5-2-6-8(a).
SOURCE: IC 16-21-8-0.6; (05)AM047202.5. -->
SECTION 5. IC 16-21-8-0.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 0.6. As used in this chapter,
"provider" means a hospital or licensed medical services provider
that provides emergency services to a victim.
SOURCE: IC 16-21-8-0.7; (05)AM047202.6. -->
SECTION 6. IC 16-21-8-0.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 0.7. As used in this chapter,
"victim" means an alleged sex crime victim.
SOURCE: IC 16-21-8-5; (05)AM047202.7. -->
SECTION 7. IC 16-21-8-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) The victim
services division of the Indiana criminal justice institute may not award
compensation or reimbursement under this chapter unless the following
conditions are met:
(1) If the victim is at least eighteen (18) years of age:
(1) (A) the sex crime was must be reported to a law
enforcement officer within forty-eight (48) ninety-six (96)
hours after the crime's occurrence; and
(2) (B) the victim or claimant has cooperated fully must
cooperate to the fullest extent possible with law enforcement
personnel to solve the crime.
(2) If the victim is less than eighteen (18) years of age, a report
of the sex crime must be made to child protective services or
a law enforcement officer. The division may not deny an
application for reimbursement under this subdivision based
on the victim reporting the sex crime more than ninety-six
(96) hours after the crime's occurrence.
(b) If the victim services division of the Indiana criminal justice
institute finds a compelling reason for failure to report to or cooperate
with law enforcement officials and justice requires, the victim services
division of the Indiana criminal justice institute may suspend the
requirements of this section.
(c) A claim filed for services provided at a time before the
provision of the emergency services for which an application for
reimbursement is filed is not covered under this chapter.
SOURCE: IC 16-21-8-6; (05)AM047202.8. -->
SECTION 8. IC 16-21-8-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) When a
hospital
or licensed medical service provider provides emergency services under
this chapter to
an alleged sex crime a victim, the
hospital or medical
service provider shall furnish the services without charge.
(b)
The
victim services division
of the Indiana criminal justice
institute shall reimburse a
hospital or licensed medical service provider
for the
hospital's or medical service provider's costs in providing the
services cost for providing services and shall adopt rules and
procedures to provide for reimbursement.
(c) The application for reimbursement must be filed not more than
one hundred eighty (180) days after the date the service was provided.
(d) The division shall approve an application for reimbursement
filed under subsection (b) not more than one hundred twenty (120)
days after receipt of the application for reimbursement.
(c) (e) A
hospital provider may not charge the victim for services
required under this chapter despite delays in reimbursement from the
victim services division.
of the Indiana criminal justice institute.
(Reference is to SB 472 as introduced.)
and when so amended that said bill do pass .
Committee Vote: Yeas 10, Nays 0.
____________________________________
Senator Long, Chairperson
AM 047202/DI 106 2005