More Hospitals Illegally Charged Sexual Assault Victims For Rape Kits

The re-named New York-Presbyterian Brooklyn Methodist Hospital. (Photo by Donny Levit / BKLYNER)

PARK SLOPE/EAST FLATBUSH –  Two more Brooklyn hospitals settle with the state for illegally billing sexual assault survivors for their rape examinations, said Attorney General Underwood.

New York Presbyterian/Brooklyn Methodist Hospital and Brookdale University Hospital Medical Center are the latest of eight medical institutions to pay restitution to assault survivors for illegally billing them or their insurance companies for their forensic rape examinations. The settlement includes full restitution to survivors, costs and a written policy ensuring survivors do not receive bills for rape examinations.

“Survivors of sexual assault have already gone through unfathomable trauma; to then subject them to illegal bills and collection calls is unconscionable,” said Attorney General Underwood. “Hospitals have a fundamental responsibility to comply with New York law. My office will continue to do everything in our power to protect survivors and their rights.”

The ongoing investigation found more than 200 patients were unlawfully billed between $4 and $3,000.

The latest settlements come after a benchmark settlement against Brooklyn Hospital Center who between January 2015 and February 2017 illegally charged 85 sexual assault survivors for their forensic rape examinations. The complaint was first brought to ex-Attorney General Eric Schneiderman when a sexual assault victim was charged seven separate times for a forensic rape examination performed by staff at Brooklyn Hospital Center.

New York State Law says the Office of Victim services should pay for any medical attention a hospital provides to a sexual assault victim. Under the Executive Law 631(13) sexual assault victims have the right to submit payments of rape examinations to their insurer or the OVS.

Underwood announced the settlement on Twitter and called for survivors to contact the attorney general’s office immediately.

https://twitter.com/NewYorkStateAG/status/1068203488386138117

The following hospitals have settled, but the investigation is ongoing:

  • Brookdale University Hospital Medical Center
  • Columbia University
  • Montefiore Nyack Hospital
  • New York Presbyterian
  • Brooklyn Methodist Hospital
  • New York-Presbyterian
  • Columbia University
  • Irving Medical Center
  • Richmond University Medical Center
  • St. Barnabas Hospital.
  • Brooklyn Hospital Medical Center

New Yorkers with complaints regarding hospital billing or other health-care related issues may contact the Attorney General’s Health Care Helpline at 1-800-428-9071.