Payment of costs incurred by medical provider for strangulation forensic medical examination; reimbursement rate for strangulation forensic medical examination

1. Except as otherwise provided in subsection 2, any costs incurred by a medical provider for a strangulation forensic medical examination of the victim: (a) Must not be charged directly to the victim. (b) Must be paid out of the Fund for the Compensation of Victims of Crime, unless there is not sufficient money in the Fund to pay such costs. If there is not sufficient money in the Fund to pay such costs, the county in whose jurisdiction the offense was committed shall pay any remaining costs. 2. The amount of reimbursement paid to a medical provider from the Fund or by a county for the costs of a strangulation forensic medical examination must not exceed the maximum annual reimbursement rate for a strangulation forensic medical examination established by the Department of Human Services pursuant to subsection 4. 3. The filing of a report with the appropriate law enforcement agency must not be a prerequisite to qualify for a strangulation forensic medical examination pursuant to this section. 4. Each year, the Department of Human Services shall review and establish the maximum annual reimbursement rate that may be paid to a medical provider for each strangulation forensic medical examination performed on a victim. 5. Nothing in this section shall be construed to prohibit the use of evidence during the investigation or prosecution of a person for domestic violence battery by strangulation which was obtained from a strangulation forensic medical examination that was paid for by a nongovernmental, nonprofit organization directly or through a grant to a governmental agency. 6. As used in this section: (a) “Domestic violence battery by strangulation” means a battery which constitutes domestic violence pursuant to NRS 33.018 that is committed by strangulation as described in NRS 200.481. (b) “Medical provider” means any provider of health care, as defined in NRS 629.031, hospital, emergency medical facility or other facility conducting a strangulation forensic medical examination of a victim. (c) “Strangulation forensic medical examination” means an examination conducted by a medical provider for the purpose of assessing the health care needs of a victim of a domestic violence battery by strangulation and coordinating the treatment of any injuries of the victim.