(5) The provider shall be reimbursed [at] the amount of itemized charges not exceeding [rate of] $800 for forensic examiner services, hospital or healthcare facility services directly related to the forensic exam, and related laboratory tests and pharmaceuticals directly related to the exam. The Board has determined that reimbursable expenses shall include at a minimum:

(8) For the forensic examination and services directly related to the forensic examination, the Board will reimburse the facility in which the forensic examination was conducted and whose operator's certificate number or facility identification, if applicable, appears on the Claim Form, the amount of itemized charges not exceeding $800. The [$800] amount of itemized charges reimbursed shall be proportionately allocated among the service providers by the billing facility.

This rule is being proposed as a consensus rule because, in accordance with the State Administrative Procedure Act section 102(11)(b), it implements or confirms to non-discretionary statutory provisions. Section 68 of Chapter 264 of the Laws of 2003 amended the Executive Law, adding a new subdivision 13 to Executive Law section 631 to authorize the New York State Crime Victims Board's direct reimbursement for the costs of certain services related to a sexual assault forensic exam preformed by any New York State accredited hospital, accredited sexual assault examiner program or licensed health care provider.

Section 68 of Chapter 264 of the Laws of 2003 established the rate for reimbursement to be eight hundred dollars. That rate is reviewable and adjustable annually by the Crime Victims Board in consultation with the New York State Department of Health. The hospital, sexual assault examiner program or licensed health care provider must accept this fee as payment in full for the specified services. No additional billing of the survivor for said services is permissible. A sexual assault survivor may voluntarily assign any private insurance benefits to which she or he is entitled for the healthcare forensic examination, in which case the hospital or healthcare provider may not charge the board.

Pursuant to the annual review and adjustment allowed by Section 68 of Chapter 264 of the Laws of 2003, the proposed rule would amend section 525.12(h) of Title 9 NYCRR as it relates to the rate the hospital, sexual assault examiner program or licensed health care provider is reimbursed. The proposed rule does not increase or decrease the statutory amount of eight hundred dollars established by Section 68 of Chapter 264 of the Laws of 2003; rather it would allow the New York State Crime Victims Board to reimburse the actual amount of itemized charges up to that eight hundred dollar amount.

The proposed consensus rule is submitted by the New York State Crime Victims Board in order to conserve limited, valuable public resources while at the same time continuing to serve the public interest and operate under the spirit of the law.

The New York State Crime Victims Board projects no substantial adverse impact on jobs or employment opportunities in the State of New York as a result of this rule. The rule simply allows the New York State Crime Victims Board to reimburse the actual amount of itemized charges up to that eight hundred dollar amount for the costs of certain services related to a sexual assault forensic exam preformed by any New York State accredited hospital, accredited sexual assault examiner program or licensed health care provider. There will be no change in the number of agency employees as a result of these regulations. Nothing in the proposed regulations will increase or decrease the number of jobs in New York State, have an adverse impact on specific regions in New York State or negatively impact jobs in New York State.