HF 2025 (LSB 5110YH (6) 86)

HOUSE FILE 2025

BY  HEDDENS and DEYOE

A BILL FOR

An Act relating to the payment of fees and expenses of county medical examiners who perform autopsies or conduct investigations of decedents who are out-of-state residents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.802, subsection 2, paragraph c, Code 2016, is amended to read as follows:
   c.  (1)  The fee and expenses of the county medical examiner who performs an autopsy or conducts an investigation of a any of the following persons shall be paid by the state:
   (a)  A person who dies after being brought into this state for emergency medical treatment by or at the direction of an out-of-state law enforcement officer or public authority shall be paid by the state.
   (b)  A person to whom subparagraph division (a) does not apply, who dies after entering the state and who is an out-of-state resident.
   (2)  A claim for payment under this paragraph “c” shall be filed with the state appeal board and, if authorized by the board, shall be paid out of moneys in the general fund of the state not otherwise appropriated.
   (3)  For the purposes of this paragraph “c”:
   (a)  “County medical examiner” includes the state medical examiner, deputy state medical examiner, or deputy county medical examiner when acting as the county medical examiner.
   (b)  “Out-of-state resident” means an individual who is not a resident of the state of Iowa and includes an individual who is not a citizen of the United States nor lawfully admitted into the United States for permanent residence by the United States immigration and naturalization service.
    Sec. 2.  ADOPTION OF RULES.  The state medical examiner, subject to the approval of the director of public health pursuant to section 691.6, shall adopt administrative rules pursuant to chapter 17A to implement this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill provides that, in addition to payment by the state of fees and expenses of a county medical examiner who performs an autopsy or conducts an investigation of a person who died after being brought into the state for emergency medical treatment by or at the direction of an out-of-state law enforcement officer or public authority, the state is also required to pay such fees and expenses applicable to any other decedent who is an out-of-state resident. Currently, under 641 IAC 127.4, if law enforcement or a public authority had no involvement in bringing the person into the state, such fees and expenses applicable to autopsies or investigations of out-of-state residents are required to be paid by the county of appointment. Under 641 IAC 127.1, “county of appointment” means the county which requests a medical examiner to conduct an investigation, perform or order an autopsy, or prepare a report in a death investigation case. The request may be authorized by the county attorney or the county medical examiner. The county of appointment shall be the county in which the death occurred.
   For the purposes of the bill, “county medical examiner” includes the state medical examiner, deputy state medical examiner, or deputy county medical examiner when acting as the county medical examiner and “out-of-state resident” means an individual who is not a resident of the state of Iowa and includes an individual who is not a citizen of the United States nor lawfully admitted into the United States for permanent residence by the United States immigration and naturalization service.