Victim's Rights & Protections


Crime Victims’ Right to Compensation

§ 19.2-11.01. Crime victim and witness rights

Financial Assistance

Victims shall be informed of financial assistance and social services available to them as victims of a crime, including information on their possible right to file a claim for compensation from the Virginia Victims Fund pursuant to Chapter 21.1 (§ 19.2-368.1, et seq.) and on other available assistance and services.

Debt Collections Prohibited

§ 19.2-368.5:2. Effect of filing a claim; stay of debt collection activities by health care providers. /p>

Per the Code of Virginia, it is illegal for providers to place an account in collections that is under consideration by the Virginia Victims Fund.

A. Whenever a person files a claim under this chapter, all health care providers, as defined in § 8.01-581.1 that have been given notice of a pending claim, shall refrain from all debt collection activities relating to medical treatment received by the person in connection with such claim until an award is made on the claim or until a claim is determined to be noncompensable pursuant to § 19.2-368.11:1. The statute of limitations for collection of such debt shall be tolled during the period in which the applicable health care provider is required to refrain from debt collection activities hereunder.

B. For the purpose of this section, "debt collection activities" means repeatedly calling or writing to the claimant and threatening either to turn the matter over to a debt collection agency or to an attorney for collection, enforcement or filing of other process. The term shall not include routine billing or inquiries about the status of the claim.

Review of Claims Filed

§ 19.2-368.6. Assignment of claims; investigation; hearing; confidentiality of records; decisions.

Claims shall be investigated and determined, regardless of whether the alleged criminal has been apprehended or prosecuted for, or convicted of, any crime based upon the same incident, or has been acquitted, or found not guilty of the crime in question owing to a lack of criminal responsibility or other legal exemption—provided that the victim has met their obligation to cooperate with all law-enforcement agencies.
There shall be a rebuttable presumption that the claimant did not contribute to and was not responsible for the infliction of his or her injury.

Payment from VVF is accepted as payment in full & providers are prohibited from balance billing

§ 19.2-368.3. Powers and duties of Commission.

The Commission shall have the following powers and duties in the administration of the provisions of this chapter:

1. To adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions and purposes of this chapter, to include a distinct policy (i) for the payment of physical evidence recovery kit examinations and (ii) to require each health care provider as defined in § 8.01-581.1 that provides services under this chapter to negotiate with the Commission or its designee to establish prospective agreements relating to rates for payment of claims for such services allowed under § 19.2-368.11:1, such rates to discharge the obligation to the provider in full except where the provider is an agency of the Commonwealth and the claimant receives a third party recovery in addition to the payment from VVF.