Confidentiality
All Virginia Victims Fund (VVF) applications and related documents, including medical information and records, are highly confidential. Except as otherwise required by Virginia or federal law, VVF may only disclose a victim or applicant’s information with their written permission. This confidentiality applies to all material in a victim compensation claim. If you wish to have another person call on your behalf and speak to VVF representatives about your claim, please complete the Permission to Speak Form.
The Notarized Agreement signed by the applicant allows VVF to share information with entities, such as government agencies or medical, mental health and funeral providers as well as employers and insurance companies. VVF may communicate with those entities for the purpose of obtaining information and documentation to determine eligibility for compensation.
VVF may publicly disclose information about its activities in general, including summary data, such as the information contained in the Annual Report or posted on the VVF website. The information will not include any identifying information.
§ 19.2-368.6 of the Virginia Code directs that Health care providers, as defined in § 8.01-581.1, shall provide medical and hospital reports relating to the diagnosis and treatment of the injury upon which the claim is based to the Commission, upon request. The disclosure rules of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 that prohibit providers from disclosing patient information do not apply to VVF.
CRIME VICTIM AND WITNESS RIGHTS ACT
§19.2-11.01 (A) (5) (a): Victims and witnesses shall be informed that their addresses, any telephone numbers, and email addresses may not be disclosed except when necessary for the conduct of a criminal proceeding.
§19.2-11.01 (C): Officials and employees of the judiciary shall make reasonable efforts to become informed about these responsibilities and to ensure that victims and witnesses receive such information and services to which they may be entitled under applicable law.
§19.2-11.2: Upon request of any witness or any crime victim, neither a law-enforcement agency, the attorney for the Commonwealth, the counsel for a defendant, a court nor the Department of Corrections, nor any employee of any of them, may disclose, except among themselves, the residential address, any telephone number, email address, or place of employment of the witness or victim or a member the witness’ or victim’s family, except to the extent that disclosure is . . . (ii) required by law or Rules of the Supreme Court, (iii) necessary for law-enforcement purposes or preparation for court proceedings, or (iv) permitted by the court for good cause.
§63.2-104.1 (A): In order to ensure the safety of adult and child victims of domestic violence, sexual assault, or stalking, programs and individuals providing services to such victims shall protect the confidentiality and privacy of persons receiving services.