[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR90.14]

[Page 378]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 90--VIOLENCE AGAINST WOMEN--Table of Contents
 
   Subpart B--The STOP (Services  Training  Officers  Prosecutors) 
              Violence Against Women Formula Grant Program
 
Sec. 90.14  Forensic medical examination payment requirement.

    (a) For the purpose of this subpart B, a State, Indian tribal 
government or unit of local government shall not be entitled to funds 
under this Program unless the State, Indian tribal government, unit of 
local government, or another governmental entity incurs the full out-of-
pocket costs of forensic medical examinations for victims of sexual 
assault. Full out-of-pocket costs means any expense that may be charged 
to a victim in connection with a forensic medical examination for the 
purpose of gathering evidence of a sexual assault (e.g., the full cost 
of the examination, an insurance deductible, or a fee established by the 
facility conducting the examination). Section 2005(a)(1). For 
individuals covered by insurance, full out-of-pocket costs means any 
costs that the insurer does not pay.
    (b) A State, Indian tribal government, or unit of local government 
shall be deemed to incur the full out-of-pocket costs of forensic 
medical examinations for victims of sexual assault if that governmental 
entity or some other:
    (1) Provides such examinations to victims free of charge;
    (2) Arranges for victims to obtain such examinations free of charge; 
or
    (3) Reimburses victims for the cost of such examinations if:
    (i) The reimbursement covers the full out-of-pocket costs of such 
examinations, without any deductible requirement and/or maximum limit on 
the amount of reimbursement;
    (ii) The governmental entity permits victims to apply for 
reimbursement for not less than one year from the date of the 
examination;
    (iii) The governmental entity provides reimbursement to the victim 
not later than ninety days after written notification of the victim's 
expense; and
    (iv) The governmental entity provides information at the time of the 
examination to all victims, including victims with limited or no English 
proficiency, regarding how to obtain reimbursement. Section 2005(b).
    (c) Coverage of the cost of additional procedures (e.g., testing for 
sexually transmitted diseases) may be determined by the State or 
governmental entity responsible for paying the costs; however, formula 
grant funds cannot be used to pay for the cost of the forensic medical 
examination or any additional procedures.