NC bill would fine hospitals up to $25K if victims are charged for rape kit
A bill that would fine hospitals for charging victims to conduct rape kit testing is closer to becoming law in North Carolina.
State Rep. William Richardson, D-Cumberland, and State Rep. Edward Goodwin, R-Bertie, are the primary sponsors of House Bill 626.
The bill would prohibit a medical facility or professional that performs forensic medical examination from billing the victim of rape or sexual offenses, the victim’s insurance, Medicaid, Medicare or any other collateral source for the examination and other eligible expenses. Violations would be punishable by a civil penalty of up to $25,000 per violation.
Every day, Deanne Gerdes works with rape and sexual assault victims in Cumberland County, in her role as the executive director of the nonprofit Rape Crisis of Cumberland County.
“If you know that you're going to go to the hospital and get a bill for being raped, you're not going to go to the hospital,” Gerdes said.
Gerdes said it's a challenge sometime to get victims to report the crime. She was blown away by WRAL News’ reporting that showed hospitals across the state were charging rape victims who didn't have insurance thousands of dollars for rape kit testing.
“It's important for victims not to be billed for being raped,” Gerdes said. “They're going to the hospital for state evidence purposes. That's what a rape kit is for. It's for evidence, so the state should pay for it."
In May 2021, HB 626 passed through the state House on a 111-0 vote. The bill has also passed the state Senate on first reading, but it sits in a committee known as the Rules and Operations of the Senate.
In 2019, WRAL News reported on Cape Fear Valley Medical Center billing about 17 rape victims for taking rape kit tests. Some victims were charged – either billed by the hospital or their insurance carrier – up to $4,000.
Dr. Michael Zappa explained that has changed since the WRAL News report.
“When you check in for an evaluation in the emergency department, you are going to receive charges for the care and treatment and tests that you receive,” Zappa said. “There is no charge though for collection of forensic evidence in association with a rape.”
North Carolina State Treasurer Dale Folwell believes the maximum $25,000 penalty associated with HB 626 should get the attention of hospital administrators throughout the state.
"We don't need any medical providers saying how sorry they are,” said North Carolina State Treasurer Dale Folwell. “We need them to stop and reverse course."
Folwell, a Republican who has served as the state treasurer since 2017, further explained the need for the proposed bill.
"We don't need a law to tell us what's right and what's wrong. What is happening right now is wrong,” Folwell said. “We don’t want to fine anyone. We want them to stop what they're doing and reverse course."
In addition to the fine, the bill would provide additional funding to train more nurses in the specific care of victims of sexual assault.
“What we're trying to do is send a message so that these victims are not victimized twice,” Richardson said.
Richardson said there is also state and federal money available for ancillary charges associated to coming into an emergency room after someone has been a victim of sexual crime.
