Stop revictimizing sex assault victims by charging for medical exams

Take steps to ensure medical providers follow state and federal statutes.

March 5, 2016 at 12:58AM

Minnesota's world-class medical centers should be on the cutting edge of compliance when it comes to meeting legal requirements for the care of sexual assault victims. Instead, an alarming new report suggests some providers may be victimizing sexual assault victims again by billing them for forensic medical examination costs — a practice that state and federal statutes prohibit.

The report, released late last month, is from the Sexual Violence Justice Institute at the Minnesota Coalition Against Sexual Assault (MNCASA). In surveying health care professionals, law enforcement and victim advocates statewide, the organization provided a valuable public service by unearthing the billing problem and other troubling care inconsistencies.

More than half of respondents were concerned that inadequate training for health care professions in the community prevented victims from being served "appropriately." Others sounded the alarm about victims being sent to other medical centers, which could deter some from getting care.

The findings demand a legislative hearing at the minimum, as well as action to resolve these concerns. The billing issue in particular merits scrutiny because the law is clear: In Minnesota, counties are required to pick up examination costs. Yet of the survey's respondents, only 28 percent said bills are never sent to victims. An alarming 52 percent of the respondents said it has happened, while the remaining 19 percent said they didn't know if victims were billed or not. While victims may consent to having their insurance billed, the lack of certainty the survey revealed about this process is deeply disturbing.

It's gratifying that Minnesota Attorney General Lori Swanson and the Minnesota Hospital Association swung into action upon the report's release. The association sent out an alert to members about its findings. Swanson also followed up with a letter to providers and is pursuing refunds for those billed unlawfully.

One solution lawmakers should consider is a centralized, state-run payment system for exams, which would standardize the process from the current one that involves the state's 87 counties. Doing so would also raise awareness of the public responsibility to cover these costs. This is a practical, doable step even in the short legislative session ahead.

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