Newsletter: September 2002: Ask the Alliance!

Dear Alliance,
Is it true that victims of rape can end up having to pay for their own medical and forensic treatment? Rape is a crime, so wouldn't the cost be covered by the criminal justice system?
Judy, Brooklyn

Dear Judy,
In New York State, if you go to a hospital to receive treatment after a sexual assault, you have two options for payment: your own health insurance or the New York State Crime Victims Board (CVB).
You probably know what dealing with a health insurance company about a medical claim can be like: it often takes extended correspondence to ensure payment. The same is true of CVB.
Some people do not want to utilize their health insurance, such as a teenager who doesnÕt want her parents to know about the rape, or young man who is too embarrassed. CVB is, by law, the payor of last resort. So if health insurance is available, they will not pay the part of the claim that could be covered by health insurance. Also, the victim has to apply to CVB, which requires an application form, a notarized affidavit and other documentation in order to pay a claim. Some rape victims are unable, incapable or unwilling to do this.
What happens in these cases is that victims receive bills and can be turned over to a collection agency for payment.
The Forensic Payment Act, which would allow the New York State Crime Victims Board to pay a hospital directly for treatment of a sexual assault without the victim having to apply, did not pass last year. The Alliance will advocate again for its passage next year.

Sincerely,
Harriet Lessel, CSW
Executive Director

Have a question? Ask the Alliance! Send questions to newsletter@nycagainstrape.org or Newsletter, Alliance Against Sexual Assault, 411 West 11th Street, Suite 6D, New York, NY 10025.

Ms. Lessel is Executive Director of The New York City Alliance Against Sexual Assault. [more]

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