Another UPDATE: JoCo, Polk County BoS fund care for rape victims (OP: crime Victim Funds Iowans should be covered)
Updated to the UPDATE: Polk County Board of Supervisors authorize EC/abortion coverage for rape victims allocating aprox. $3k for services.
Another Update:
August 29 2023:
Johnson County stepped up this week to provide $10K in funding for EC to victims of sexual assault. More on this soon.
UPDATE:
August 8, 2023 the bi-partisan Polk County Board of Supervisors voted to provide emergency contraception (EC) and in rare cases abortion at no cost to the victims of rape and sexual assault. The vote was unanimous; the two Republicans and three democrats were very clear this funding is necessary.
County’s still have tremendous power to self governance and local control. Reynolds and the Iowa GOP have been curbing home rule since the beginning of the pandemic; challenging counties that implemented mask mandates. The last legislative session they went even further, allowing the State AG to intervene in counties attorneys business. We aren’t talking about this enough.
When AG Bird unilaterally decided to end coverage of emergency contraception for victims of rape and incest in the state of Iowa. I questioned it then, I question it now.
ORIGINAL POST FROM APRIL 2023
First - keep this in mind as you read along.
In 2021 Governor Reynolds signed into law requirements for medical sexual assault forensic examiners (HF 603) establishing standards all medical professionals are held to when conducting SA examinations. Meaning, to be a qualified sexual assault nurse (for example) an Iowa RN must complete an “internationally” recognized program of care (2021 - left).
Therefore, to get a forensic SA exam in Iowa you must be examined by a medical forensic professional who is bound by HF 603 to provide evaluation and care for STIs, HIV, PREGNANCY RISK EVALUATION AND CARE, and care as defined by the advisory council further established by Reynolds in 2021 comports with CDC guidance (right).
1.
I am checking my phone to count the number of times the comms person from the US DOJ (Office for Victims of Crime) called me. Six — 6 times.
The last time? Late last week. The comms person left me a voicemail - late - Friday April, 14 - she said they weren’t going to make my Friday deadline. I was researching any and all information about the distribution of VOCA (victims of crime act) funds, prohibited and allowed uses, revenue source, and possible federal parameters that would reign in Bird’s hateful fiat to defund plan B for rape victims.
“This is a priority for us,” said the DOJ spox.
Really? This struck me as weird for a couple reasons: “this” meaning what? Brenna Bird who ran on a platform of literally just flipping off Joe Biden? Or “this” as in the ongoing war against victims of sexual assault, women, LGBTQ+….etc., on and on and on?
Maybe they just say that to all the people who contact them.
But my experience says otherwise. Over the last 15 years or so US Government Officials do not go out of their way to provide updates on progress re: statements, distribution of public information, etc. They just don’t. This isn’t to say they aren’t helpful in some situations. But overall, it’s less said, less shared, the end.
So I will keep following up with them and watching for any changes in policy or guidance from OVC/DOJ
Moving on.
A NOTE ABOUT “PUBLIC FUNDS” — There are NO TAXPAYER funds involved here. The funding for VOCA comes through the following:
When you think “public funds” it makes sense that you think “taxpayer funds” it is an easy and predictable conflation to make - because typically monies made available through federal allocation and formula grants are from the US taxpayer.
Which makes Bird’s office use of “public funds” - and the media’s lack of follow up questioning - so harmful. It gives angry white people a feeling of superiority to think that they are funding something for [whatever here] and therefore have a say in the way women (usually) exist in the world.
So unless you made a big ass settlement with the feds for something you dear taxpayer can jog on. It’s not your money - its money for crime victims (many as it happens are children - read on…).
2.
Our first conversation (Me + DOJ rep) — we spoke briefly and I gave her the broad strokes of what I need to understand about the victims of crimes compensation act (VOCA).
This is a fund administered by the US Department of Justice through the Office of Victim services. It has a long legacy - starting in 1977 as a consortium of states organizing crime victim funds, then in 1984 congress allocated money and distributed the first 200 grants.
I think about the cruelty of Brenna Bird, completely unqualified, ill equipped and deeply unserious, mean-white-girl Iowa AG. She ran on the hilarious “Give em the Bird!” platform of low hanging MAGA fruit. Appealing to the little boy neanderthal in the Iowa GOP - including the white ladies who titter about the “Bird”.
Kim Reynolds loves her. Ran that she needed “her own AG” because that’s what democracy is really. An autocracy where an AG does a governors will no matter how hateful or hurtful or stupid. They can hang out and be mean white girls together and make all Iowans lives all the worse.
3.
In the most recent report filed by former Iowa AG Tom Miller, makes clear how incredibly low, cruel and hateful Bird (and Reynolds and the GOP) is.
For the fiscal year October 2020 - September 2021 - VOCA paid for 2,159 sexual assault forensic exam kits:
This is upsetting enough. That’s a lot of people.
But the next page lays out some demographic information along with funding information. See this column?
The VOCA fund paid $361,571 for sexual assault forensic exams.
That top number - $229,583 - that number is for kits used for examining children.
Child sexual abuse. Think about it.
Remember that 10 year old girl from Ohio who was raped and had to travel over the border to Indiana (of all places) in order to get an abortion? Right wing politicians didn’t believe the story. Didn’t believe the child was raped, needed an abortion or just don’t understand that 10 year olds can become pregnant. Then, the doctor finally came out and said yes you horrible monsters, this does happen to children.
She is still getting harassed for it according to late 2022 reporting. Indiana’s AG called for the state medical board to punish the doctor in some way. No specifics were given by the Indiana Republican AG - just general intimidation attempts.
4.
Friday April 14, 2023, 5:29 PM
Let me fill in the blanks: First Blank: NAME OF REP, Second Blank: …we have ONE MORE REVIEW process.
Then an hour later:
6:39 PM Friday April 14 (EMAIL)
Hi Andy,
Here are links that will tell you about how grants are administered, where the funding comes from, etc.. We can’t comment beyond that but want to make sure you have all of these resources.
Funding & Awards | Office for Victims of Crime (ojp.gov)
Victims of Crime Act (VOCA) Administrators | Welcome | Office for Victims of Crime (ojp.gov)
Performance Measures | Victims of Crime Act (VOCA) Administrators | OVC (ojp.gov)
Best,
[VOCA REP AT DOJ NAME]
I had all of these links of course because they are all clearly listed on the OVC DOJ page. My questions were about federal code requirements for use of VOCA funds and how much latitude the states have when deciding what to fund a not fund. Specifically - can an AG unilaterally decide to not pay for emergency contraception for victims of sexual assault?
The answer I’ve been able to cobble together is maybe. Maybe not.
Here’s what I know:
COUNTIES ALREADY HAVE 2022-2023 ALLOCATIONS OF VOCA FUNDS
Per Iowa Checkbook and county budgets (for example I checked both Polk and Linn County - funds are distributed and can be used to provide reimbursement for sexual assault kits, and medical services including emergency contraception.
FISCAL YEAR RUNS THROUGH JULY 1 2023
DO NOT let Bird’s pronouncement keep you from seeking help from your local hospital.
IN 2021 Governor Reynolds signed into law the creation of a task force (actual experts from medical forensic and legal fields) to craft Iowa policy that governs how forensic sexual assault nurses/medical staff perform exams.
According to the Legislative Services Agency this program costs Iowans nothing - not a dime - all funds come from federal VOCA.
This is official Iowa Policy and this part is important to understand - unless the law has been overturned or the policy as it stands has been changed Bird cannot - by law - make a decision to alter how medical professionals are bound by statute to do their jobs.
From the FEDERAL REGISTER (pg. 27162 - VOCA “Compensable Expenses”)
8. Payments related to forensic sexual assault examinations (1) If such
payments are made from funds administered by the compensation programs and are allowable under state statute, rule, or other established policy; and (2) to the extent that other funding sources such as state appropriations specifically earmarked for these exams are unavailable or insufficient. (Emphasis mine.)
Iowa Statute doesn’t expressly mention coverage of emergency contraception (but does provide preventative STI treatments and medications)
However - I suggest - the policy established by the Governor Reynolds 2021 forensic standards law (HF 603) - takes precedence in the very specific case of sexual assault and compensable expenses.
The 2021 addition to the VOCA fund code that added forensic medical services writes into law the requirements to be a SANE examiner in the State of Iowa.
This is established by an advisory council that was created with Reynolds signing this law.
That advisory council is charged with making any recommended changes to statute. And, is comprised of medical experts and Iowas DOJ officials. Therefore, changes to law (including compensation for victim services) would need to be recommended by and referred to the state legislature for debate and subsequent passage.
There are currently no bills listed that would alter Tom Miller’s VOCA policy
There are currently no bills listed that would alter Governor Reynold’s 2021 law about requirements for forensic assault examiners
There is no indication the consortium of experts created by the 2021 law has met or will be meeting to discuss changing current Iowa policy for coverage of emergency contraception
There is no indication a bill has been introduced to revoke, rework, update or change the 2021 law that requires Iowa SAEs comport with “international standards”
This from the ACT signed by Reynolds, Pat Grassley and Jake Chapman (sent to Secretary of State as enrolled)
There are also provisions in the HF 603 (2021) for restitution through the criminal justice system - meaning - any/all medical bills can be written into criminal sentencing. This is of course assuming a victim will be able to find justice. And, we know how shitty that situation is - but this is available as financial recourse.