Informational Bulletin: Sexual Assault Medical Evidentiary Exam Reimbursement

The California Governor’s Office of Emergency Services reimburses law enforcement to offset the cost of conducting the medical evidentiary examination of a sexual assault victim who is undecided at the time of an examination whether to report to law enforcement.

Cal OES has increased the reimbursement rate from $300 to $911 effective for examinations that occur on or after April 1, 2021.

Law enforcement agencies may request up to $911 per examination. If the examination cost is less, the law enforcement may only request the amount paid.

Penal Code § 13823.95

No costs incurred by a qualified health care professional, hospital, clinic, sexual assault forensic examination team, or other emergency medical facility for a medical evidentiary examination of a victim of a sexual assault, as described in the protocol developed pursuant to Section 13823.5, when the examination is performed pursuant to Sections 13823.5 and 13823.7, shall be charged directly or indirectly to the victim of the assault.

A victim of a sexual assault shall not be required to participate or to agree to participate in the criminal justice system, either prior to the examination or at any other time. Pursuant to the requirements of the federal Violence Against Women and Department of Justice Reauthorization Act of 2005, and the federal Violence Against Women Reauthorization Act of 2013 through the federal Office of Violence Against Women, standardized medical evidentiary examinations consistent with Sections 13823.5 and 13823.7 shall be provided to sexual assault victims who are undecided at the time of an examination whether to report to law enforcement within the recommended timeframes for collection of evidence.

The cost of a medical evidentiary examination performed by a qualified health care professional, hospital, or other emergency medical facility for a victim of a sexual assault shall be treated as a local cost and charged to and reimbursed within 60 days by the local law enforcement agency in whose jurisdiction the alleged offense was committed.

All medical evidentiary examinations are to be reimbursed at the locally negotiated rate and shall not be subject to reduced reimbursement rates based on patient history or other reasons.

The local law enforcement agency may seek reimbursement to offset the cost of conducting the medical evidentiary examination of a sexual assault victim who is undecided at the time of an examination whether to report to law enforcement.

How to Request Reimbursement

Complete the Invoice for Reimbursement for Medical Evidentiary Examination and submit to

Cal OES at vsb@caloes.ca.gov.

The invoice form can be found on the Cal OES website at https://www.caloes.ca.gov/governments-tribal/grants-management/forms