Hitzeman: Common sense prevails with 'rape kit' law

A little common sense has prevailed in Springfield, at least when it comes to hospitals and insurance companies sending sexual assault survivors the bill for collecting evidence in a "rape kit."

The General Assembly recently passed a bill that was signed by Gov. Bruce Rauner to prohibit health care providers from billing rape victims.

The law takes effect Jan. 1.

Attorney General Lisa Madigan said in a news release she initiated the legislation to ensure compliance with the federal Violence Against Women Act of 2013.

"This law assures that in the aftermath of a sexual assault, a survivor will not be sent a bill for those critical ER services that play an important role in helping law enforcement make an arrest and work to achieve justice for the survivor," Madigan said.

Immediately after a sexual assault, survivors are urged to go to a hospital emergency room for a medical forensic examination.

The exam, often referred to as a "sexual assault evidence kit" or "rape kit," can last four to six hours and involves the collection of physical evidence from the survivor's body that is sent to a crime lab for testing, Madigan's office said.

"Sending survivors of rape a bill for medical services as a result of their attack is highly insensitive and can unnecessarily force them to relive the event," said state Rep. Michelle Mussman, a Schaumburg Democrat and one of the bill's sponsors. "We need to do everything we can to help survivors recover, and this law is an important step in the right direction."

Sarah Layden, director of Advocacy Services with the Rape Victim Advocates office in Chicago, said the new law means hospitals can't bill uninsured patients and must bill Medicare instead.

For insured patients who go to the ER or see a doctor for other tests, hospitals pay the insurance co-pay and must submit the remaining balance to the state for reimbursement.

For the uninsured, some bills can range from $800 to $1,500, plus lab and physician bills, Layden said.

Hospitals must also provide a written notice to survivors when they are released, saying they should not be billed and providing information regarding who to contact if they do receive a bill. Under the new law, health care providers can be fined up to $500 for each violation.

Kudos to the court clerk

Thumbs-up to the Kane County circuit court clerk's office for installing six new computers and monitors in the public area where people check court records.

The computers, which don't have the "tower" of an antiquated desktop, are brighter, faster and have larger displays.

Now, if the county could update its antiquated case management system and pathetically slow remote access platform to view records online. But I digress.

hhitzeman@dailyherald.com