Jus 11.13 Recovery. (1) DEPARTMENT SUBROGATION. Whenever an order for the payment of an award for personal injury or death is or has been made under this chapter subchapter, the department is subrogated to the cause of action of the claimant against the person responsible for the injury or death and may bring an action against the person for the amount of the damages sustained by the claimant. The department is also subrogated to the cause of action of the claimant against one or more 3rd parties liable for the acts of the person responsible for the injury or death. If an amount greater than that paid under the award order is recovered and collected in any such action, the department shall pay the balance to the claimant. If the person responsible for the injury or death has previously made restitution payments to the general fund under s. 973.20, Stats., any judgment obtained by the department under this section shall be reduced by the amount of the restitution payments to the general fund. (4) CIVIL ACTION NOT NECESSARY. In order to receive compensation under ch. 949, Stats., it is not necessary that an applicant first bring an action against the offender. If such an action is brought, and the applicant is successful, the proceeds of the action are subject to the provisions of this chapter subchapter. The department shall notify the claimant of the requirements of this paragraph at the time the department makes an award to the claimant. (5) APPLICANT RESPONSIBILITY. If a claimant receives from any source or third party any payment for damages, injuries or economic loss for which the applicant has been previously compensated under ch. 949, Stats., and this chapter subchapter the applicant shall: SECTION 9. Jus 11 Subchapter II is created to read:
SUBCHAPTER II
SEXUAL ASSAULT FORENSIC EXAMINATION COMPENSATION
Jus 11.14 Description of the program. (1) Authority and purpose. This subchapter is promulgated under s. 949.22, Stats., for the purpose of administering the awards of compensation to health care providers who perform sexual assault forensic examinations and providing procedures to ensure any limitation of an award is calculated in a fair and equitable manner. (2) Applicability. This subchapter applies to all applications for an award to cover the costs of performing a sexual assault forensic examination.
(3) Administration. This subchapter shall be administered by the director appointed by the attorney general to administer ch. 949, Stats. (4) Service and filing. Papers and petitions required to be served upon, or filed with, the department of justice, shall be served either in person or by mail and shall be addressed: Wisconsin Department of Justice, Office of Crime Victim Services, 123 West Washington Avenue, Post Office Box 7951, Madison, WI 53707-7951. The papers and petitions are deemed served or filed when received by the department.
(5) Definitions. In this subchapter
(a) “Department” has the meaning specified in s. 949.20 (2), Stats. (b) “Sex offense” has the meaning specified in s. 949.20 (7), Stats. Jus 11.15 Eligibility for an award. (1) Incorporation of subchapter II of ch. 949, Stats. The health care provider must follow all requirements of subch. II of ch. 949, Stats. (2) Examination services for which costs are covered. A health care provider is eligible to be paid an award for all of the following services:
(a) Collection of the victim’s medical history.
(b) Collection of a forensic history of the events of the assault.
(c) Physical examination of the victim for evidence of the assault.
(d) Photographs of the physical evidence of the sex offense, if the health care provider conducting the examination has been trained to take photographs for use as evidence.
(e) Evaluation, testing, and prophylaxis for sexually transmitted diseases.
(f) Evaluation of the risk of pregnancy.
(g) Collection of blood and urine using the collection kit provided by law enforcement.
(3) Relationship with s. 50.375, Stats. Nothing in this subchapter affects a health care provider’s duties under s. 50.375, Stats. Jus 11.16 Procedures for payment of awards of examination costs. (1) Itemized bill. A health care provider seeking an award for examination costs shall provide an itemized bill to the department with individual charges listed for each service for which reimbursement is sought. The health care provider shall also indicate the amount sought for all of the following categories of examination costs:
(a) Services of the provider.
(b) Facilities used for the examination.
(c) Other expenses.
(2) No billing of victim. A health care provider seeking an award under this subchapter may not seek payment for any examination costs from the victim or any guardian of the victim.
(3) Payment directly to health care provider. The department will pay the award directly to the health care provider that performed the examination.
(4) Maximum amount of award. The department will pay two-thirds of the amount billed for eligible services, up to a maximum aggregate amount of $1200 for each examination. The department calculated the $1200 maximum by considering the maximum amounts of other states and the amounts health care providers billed for examination costs prior to the implementation of these rules. In exceptional cases, the director may approve an award in excess of the maximum amount if the health care provider submits evidence that it would be unfair and inequitable to limit the award to the maximum amount. Beginning January 1, 2017, the maximum amount of an award shall be adjusted annually by the “inflation factor” as defined in s. 79.05(1)(am), Stats., and certified by the department of revenue under s. 79.05(2m), Stats.
