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Brooklyn Hospital Center illegally charged women for rape forensic exams, Schneiderman says

Attorney General Eric Schneiderman  announces a settlement with Brooklyn Hospital Center over charges for forensic rape exams  at  a news conference  on  Tuesday, Nov. 28, 2017.
Attorney General Eric Schneiderman announces a settlement with Brooklyn Hospital Center over charges for forensic rape exams at a news conference on Tuesday, Nov. 28, 2017. Photo Credit: Lisa L. Colangelo

The Brooklyn Hospital Center has reached a settlement with Attorney General Eric Schneiderman after an investigation revealed that victims of sexual assault were illegally billed for their forensic rape examinations.

Schneiderman said Tuesday that dozens of women at Brooklyn Hospital Center were charged for their forensic rape exams in the past year — with some even going to a collection agency — which is illegal in New York.

Schneiderman said that between January 2015 and February 2017, Brooklyn Hospital Center conducted 86 rape exams, and in 85 cases sent out bills to the patient or the patient’s insurance without telling the victim. In some cases, patients were billed hundreds of dollars, even multiple times.

New York State law prohibits sexual assault victims from being charged for forensic services, and either their insurance company or the state will pick up the tab. The settlement, Schneiderman said, will ensure that future victims are provided with a form that allows them to choose if they want their insurance or the state to be billed.

“We don’t know how widespread this is,” he said. “If people are getting billed, it does provide discouragement for people to come forward.”

Brooklyn Hospital Center will also pay a $15,000 fine, and provide restitution to any victims who paid for the forensic services.

Schneiderman said that when confronted, the hospital initially avoided taking responsibility for the billing, calling it a glitch.

“This is not a glitch, this not something that is acceptable. … This is a systems breakdown,” he said.