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Indiana Payment Resources
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Barn with words Indiana Payment Resources

 

Summary of payment program

Billing

Under state and federal law a victim of a sexual assault cannot be directly billed for services related to the forensic exam or the collection of evidence. If the victim was assaulted in another state but is treated in an Indiana facility, that facility must follow the laws of the state where the crime occurred.

 

It is against the law to bill the victim for services that are eligible for coverage under the sexual assault reimbursement program, even if the payment from the Crime Justice Institute (CJI) is delayed or denied. The provider may bill the patient for services not coverable under the program. The laws governing the Indiana Violent Crime Victim Compensation Program are found in IC 16-21-8 (Emergency Services to Sex Crime Victims) and IC 5-2-6.1 (Compensation for Victims of Violent Crimes). IC 16-21-8

 

Payment

Victim Compensation Division of the Indiana Criminal Justice Institute (“The Division”)

 

The Sexual Assault Reimbursement Program allows hospitals and sexual assault treatment centers to apply for reimbursement for the cost of performing forensic medical exams. This program allows payment of expenses for the forensic medical exam, additional forensic services, as well as outpatient counseling services resulting from an alleged sexual assault. The hospital or sexual assault treatment center applies to The Division for payment of services and The Division reimburses the medical care provider. The sex crime victim must consent to the forensic medical exam; and must consent in writing to allow the medical facility to file an application for reimbursement and release his/her medical records to The Division. Victims 18 years of age and over are not required to report to law enforcement. If the patient is under 18 years of age, a parent or guardian must give consent in writing as the responsible party and Law Enforcement and/or Department of Child Services must be notified. The medical provider shall provide these services to the victim without charge. 

 

Legal Requirements:

  • The application must be submitted by the provider who performed the forensic medical exam, with the signed consent, itemized bills and medical records, within 180 days of the date of the exam
  • The patient is the victim of a sex crime that occurred in the State of Indiana
  • Victims 18 years of age and over are not required to report to law enforcement
  • If the patient is under 18 years of age, a parent or guardian must give consent in writing as the responsible party and Law Enforcement and/or Department of Child Services must be notified
  • The sex crime victim must consent to the forensic medical exam; and must consent in writing to allow the medical facility to file an application for reimbursement and release his/her medical records to The Division
  • The Sexual Assault Compensation Program is the primary payer. Providers may bill a victim’s insurance, Medicaid, Medicare or other third-party payer only with the written consent of the victim
  • It is against the law to bill the victim for services that are eligible for coverage under the sexual assault reimbursement program, even if the payment from CJI is delayed or denied
  • The provider may bill the patient for services not coverable under the program

Reimbursable Expenses:

        Covers only specific services, included but not limited to:

o   Initial Emergency Room Treatment & Forensic Medical Exam

o   Hospital medications, limited laboratory & x-ray services

o   Emergency treatment of wounds/injuries experienced as a direct result of the sexual assault

o   Medically necessary ambulance transportation to the emergency room

o   Up to $3,000 in out-patient counseling, provided on an individual basis, for issues related to the sexual assault. 

  • Reimbursement can be issued only for services provided by a licensed mental health provider

o   Initial Pregnancy & STD testing

  • One follow-up pregnancy test and other STD testing up to 30 days following the first emergency room treatment
  • One Syphilis test up to 90 days following the initial exam
  • Prophylactic medication related to pregnancy or sexually transmitted diseases, excluding HIV and Hepatitis

How to Apply:

  • The application must be submitted by the provider who performed the forensic medical exam.  
  • The application must include the victim’s dated signature & initials on The Division’s consent form, authorizing the provider to submit the application and release information; itemized bills and medical records.  All of the above information must be submitted within 180 days of the date of the exam
  • Applications may be submitted on-line, by mail, fax, e-mail, or in person to The Division.
  • Paper applications can be requested by contacting ICJI’s office.
  • Paper applications and supporting documentation may be submitted by fax:  317-233-3912; or by mail at:  Indiana Criminal Justice Institute, Victim Compensation Division, Sexual Assault Reimbursement Program, 101 W. Washington Street, Suite 1170 East, Indianapolis, IN 46204.

Indiana Victim Compensation paper application and supporting documentation may be submitted by:

Fax:  317-233-3912;

or by mail at:  Indiana Criminal Justice Institute,

                       Victim Compensation Division

                       Sexual Assault Reimbursement Program,

                       101 W. Washington Street, Suite 1170 East, Indianapolis, IN 46204

 

Indiana Victim Compensation Online Application

 

Eligibility Requirements

Indiana Code defines a violent crime as a felony or Class A misdemeanor that results in bodily injury or death to the victim. Persons eligible for assistance from this fund include:

 

  • Innocent victims of eligible violent crimes, including a motor vehicle crash caused by a drunk driver;
  • A parent, surviving spouse, dependent child or other legal dependent of an innocent victim who has been killed as a result of an eligible violent crime, including a motor vehicle crash caused by a drunk driver; or
  • A person who is injured or killed trying to prevent a violent crime or giving aid to a law enforcement officer.

Other requirements include:

 

  • The crime must have taken place in Indiana;
  • The victim must have incurred a minimum out-of-pocket loss of $100;
  • The crime must have been reported to the police within 72 hours
    (Note: Victims of sexual assault do not have to report the crime to law enforcement unless they choose to apply for compensation under the Victim Crime Fund for expenses not covered at the time a forensic exam was completed);
  • The victim or survivors must cooperate in the investigation and prosecution of the crime;
  • An application for benefits must be filed no later than 180 days after the crime occurred;
  • Medical expenses must be incurred within 180 days of the crime, but can be extended under certain circumstances.

Covered Expenses 

A maximum award of up to $15,000 may be available to help cover expenses resulting from any one injury or death. Eligible crime-related expenses include:

 

  • Medical bills;
  • Up to $5,000 for funeral and burial or cremation expenses;
  • Up to $3,000 for outpatient mental health counseling;
  • Lost wages;
  • Under certain circumstances loss of support to legal dependents of an employed crime victim who is killed;
  • Reasonable child care services;
  • Limited attorney fees related to a successful appeal; and
  • Emergency shelter services.

Coordination with healthcare

Indiana Coalition to End Sexual Assault - Directory of Service Providers - provides a list of organizations, arranged by county, that are invaluable resources to those impacted by sexual violence. Many offer 24-hour crisis hotlines, on-going advocacy, as well as information on legal advocacy and community outreach. The map also includes hospitals that have specially trained healthcare providers who can provide a Medical Forensic Exam (Sexual Assault Exam/Rape Kit). 

 

 

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