New York Attorney General Eric T. Schneiderman announced Nov. 28 the New York State Office of the Attorney General entered into a settlement with The Brooklyn (N.Y.) Hospital Center following allegations the hospital "improperly" billed sexual assault survivors for forensic rape examinations.
Under the settlement agreement, the Brooklyn Hospital will be required to provide full restitution to the improperly billed victims and to institute a sexual assault victims policy that prevents improper billing.
The attorney general initiated the investigation after a sexual assault survivor issued a complaint stating The Brooklyn Hospital Center billed them seven separate times for administering a forensic rape examination in the emergency room.
Further investigation revealed the hospital conducted 86 forensic rape exams between January 2015 and February 2017 and improperly billed either the patient or their private insurance in 85 of the 86 cases. The hospital also sent some of those improper bills to collections.
Under state law, hospitals are required to provide care services to sexual assault victims without charge and should bill the New York State Office of Victim Services directly unless the individual voluntarily opts to assign all healthcare costs related to the incident to their private insurance. The law was designed to ensure the victim's privacy and confidentiality and encourage them to submit their forensic rape examination to police to help identify offenders.
Mr. Schneiderman also reportedly sent letters to 10 additional hospitals across the state seeking information on their policies regarding sexual assault victims.
"It's hard to imagine the heartache and anxiety a survivor must feel having to fight a collection agency over an unlawful bill for a rape kit. It's unacceptable, and we will not allow it to continue," Mr. Schneiderman said in a statement. "I want to be clear: survivors of sexual assault are entitled to cost-free emergency care under New York law — and we will do everything possible to ensure they get the respect and care they deserve."