West Virginia Payment Resources
Summary of payment program
There is no cost for a forensic medical exam in West Virginia. Licensed medical facilities only charge for any medical treatment the patient may receive.
The West Virginia Crime Victims Compensation Fund provides financial assistance to victims of crime for related expenses that cannot be reimbursed from insurance or other sources. Compensation for medical, funeral/burial expenses, work loss, mileage to a medical treatment facility and to court for the prosecution of the offender, mental health counseling, and relocation expenses.
By law, the Crime Victims Compensation Fund is the “payer of last resort”. As such, if any other sources of reimbursement are available for the victim’s/claimant’s crime-related losses, such sources must be used before the victim/claimant becomes eligible for reimbursement from the Fund.
Eligibility to Filling an Application:
- Any innocent victim who suffers personal injury as the result of a crime.
- Any individual who is the dependent of a deceased victim of crime. (A dependent is one who has received over one half of his/her support from the victim.)
- The crime MUST be reported to law enforcement officials within 72 hours.
- The claimant must fully cooperate with law enforcement officials.
- The claim for compensation MUST BE FILED within 2 years of the date of the crime.
Time Limitations for Filing Application:
- The application for an adult victim (18 years or older at the time of crime) must be filed with the Fund within two years of the crime.
- The application for a minor victim (under 18 year of age at the time of the crime) must be filed with the Fund before the minor’s 20th birthday.
To File an Application:
- Include all the documentation – i.e. a copy of the police report, hospital or doctor bills, send with the application. If that documentation is not available, do not wait to mail the application if the two-year deadline is near. Send the application as soon as and follow-up with the documentation later.
- The application (Page 4) must be signed in front of a notary public. Failure to notarize will delay the processing of the claim.
Mail your completed application to:
CRIME VICTIMS COMPENSATION FUND
1900 KANAWHA BLVD E ROOM W-334
CHARLESTON WV 25305-0610
877.562.6878 (toll free)
Facility Reimbursement for the Medical Forensic Examination
- Statutory provisions created by the West Virginia Legislature provide a $350.00 reimbursement to hospitals for the forensic part of the forensic medical examination.
- In West Virginia, each hospital is responsible for submitting the paperwork to the West Virginia Prosecuting Attorneys Institute to obtain the reimbursement from the Forensic Medical Examination Fund for the exam.
- An original invoice and completed certification form from the hospital must be submitted, within a reasonable time after the forensic medical examination has been conducted, to the West Virginia Prosecuting Attorneys Institute (WVPAI).
Coordination with healthcare
The purpose of the sexual assault forensic medical exam is to assess the patients health care needs and to collect evidence for potential use during case investigation and prosecution.
An examination by a health care provider is still recommended even if:
- there are no visible injuries as a result of the assault
- the victim does not wish to have evidence collected, or
- the assault was not recent.
The West Virginia Foundation for Rape Information and Services (FRIS) is West Virginia’s state sexual assault coalition. Established in 1982 and comprised of the state’s nine rape crisis centers, FRIS works with all allied professionals to strengthen services and develop intervention and prevention programs to address sexual violence, stalking, and dating violence.
In West Virginia there is no statute of limitations on sexual assault – meaning that 5, 10, or even 50 years later a case could be prosecuted. The exam usually should take place at a licensed medical facility (e.g., hospital Emergency Department) within about 96 hours of the assault.