West
Virginia's Forensic Medical Examination Fund
What Does the Forensic Medical Fund Accomplish?
It
provides payment to licensed medical facilities for forensic
medical examinations of victims of alleged sexual assault,
Ensures that victims of alleged sexual/ assault are treated
appropriately,
Provides
important evidence to law enforcement personnel in the
investigation of sexual assault cases,
Provides
adequate and appropriate evidence to prosecutors in order
to effectively prosecute individuals alleged to have committed
sexual assault,
Improves
the overall investigation and prosecution of sexual assault
cases.
PLEASE
NOTIFY PATIENT ACCOUNTS THAT YOU WANT YOUR BILL PAID FROM
THIS FUND.
The
Violence Against Women Act, created by the United States
Congress, provides that each state must have a method to
pay the cost of forensic medical examinations for victims
of sexual assault. In accordance with this mandate, the
West Virginia Forensic Medical Examination Fund was created
by the 1996 West Virginia Legislature and is contained in
West Virginia Code § 61-8B-1 and West Virginia Code
§ 618B-15, -18. Prior to the establishment of the Forensic
Medical Examination Fund, West Virginia had no specific
mechanism to pay for this type of examination.
In accordance
with statutory provisions creating the West Virginia Forensic
Medical Examination Fund, the West Virginia Prosecuting
Attorneys Institute was charged with the responsibility
of administering the Fund and providing reimbursement to
licensed medical facilities performing forensic medical
examinations. The Fund is restricted to the payment of all
reasonable and customary costs of a forensic medical examination,
which are conducted within a reasonable time of the alleged
violation. However, no payment can be made from this Fund
for non-forensic procedures or treatment.
The
legislation provides that following the forensic medical
examination, the medical facility shall submit a statement
of charges to the prosecuting attorney of the county in
which the alleged offense occurred, who shall then certify,
if proper, that the forensic medical examination was conducted
as part of a criminal investigation. Thereafter, the West
Virginia Prosecuting Attorneys Institute will pay from the
Forensic Medical Examination Fund up to $350.00 for the
exam.
The
major objective of the Forensic Medical Examination Fund
is to provide payment for forensic medical examinations
in sexual assault cases. However, additional benefits include
providing a more effective prosecution of persons alleged
to have committed a sexual assault while protecting the
rights and dignities of victims of sexual assault.
THIS
PROCESS IS STRICTLY CONFIDENTIAL.
