Our Mission

The Kentucky Association of Sexual Assault Programs, Inc. (KASAP) is the statewide coalition of the 13 rape crisis centers in the Commonwealth. The mission of KASAP is to speak with a unified voice against sexual victimization.

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Mandatory Reporting

In most cases the victim has a right to determine whether to report to law enforcement.

According to recently enacted  Kentucky law,  “Each victim shall have the right to determine whether a report or other notification shall be made to law enforcement....”   KRS 216B.400(10) (as amended by the 2010 General Assembly)

This right is also protected by federal laws, including the Health Information Portability & Accountability Act (HIPAA) and the Violence Against Women Act of 2005.

HIPAA permits disclosures required by law, but mandates that the “disclosure complies with and is limited to the relevant requirements of such law.”  Thus, health care professionals must report only as required by law, as described below.  In order to comply with HIPAA, hospitals and other health care providers must not disclose any information in any other cases, i.e. where reporting is not required by law. 

To ensure compliance, protocols should require that the victim be asked whether or not s/he wants to report to law enforcement.  To ensure informed consent, the victim should be fully informed (sample consent form included, SF-B).  The victim’s choice should be documented and “Authorization for Release of Information” forms completed, if appropriate. 
Kentucky’s mandatory reporting laws do NOT require that all sex crimes be reported to law enforcement.

There is no state or federal law that requires that all sex crimes be reported to law enforcement.  In fact, automatic reporting to law enforcement violates multiple state and federal laws, which exposes hospitals and other health care providers to liability.  The only exception is when the patient is a victim of child abuse or neglect. 

Fortunately, hospital personnel may comply with any of the Kentucky’s mandatory reporting laws by reporting to the Cabinet for Health and Family Services (CHFS).  Please note that CHFS may contact law enforcement officials, regardless of the victims’ decisions regarding reporting.  Though hospital personnel cannot control whether CHFS will notify law enforcement, they should be aware of this possibility and inform victims in appropriate cases.

Reporting child abuse and neglect.
Kentucky law requires that child abuse and neglect be reported.  Pursuant to KRS 620, reports can be made to CHFS, local or state law enforcement authorities, or a county or Commonwealth’s Attorney.  To comply with this mandate, any abuse involving a parent, guardian, or person in a position of control or supervision must be reported.  HIPAA permits compliance.

Reporting spouse abuse.
Kentucky law requires that spouse abuse be reported to the CHFS.  Pursuant to KRS 209A, reports can be made to the Statewide Hotline, or to local or regional CHFS authorities.  No law requires that spouse abuse be reported to law enforcement.  Therefore, if medical personnel report spouse abuse to law enforcement without the patient’s authorization it is a HIPAA violation.  A report made to law enforcement does not fulfill one’s duty to report to CHFS.

Reporting abuse of adult with disabilities.
Kentucky law requires that abuse, neglect, or exploitation of certain vulnerable adults be reported to the CHFS.  Pursuant to KRS 209A, reports can be made to the Statewide Hotline, or to local or regional CHFS authorities.  Reporting to CHFS is required in cases involving abuse, neglect, or exploitation of an adult who “because of physical or mental dis-functioning, is unable to manage his or her own resources, carry out activities of daily living, or protect himself or herself …without assistance from other, and who may be in need of protective services.”  No law requires that abuse of a vulnerable adult must be reported to law enforcement.  Therefore, if medical personnel report such abuse to law enforcement without the patient’s authorization, it is a HIPAA violation, and does not fulfill one’s duty to report to CHFS.

Contacting the Rape Crisis Center.
Hospitals are required by law to contact the regional Rape Crisis Center before conducting a SAFE Exam, so that an advocate may be dispatched to support the victim during the exam.  For more information, see 502 KAR 12:010(2).  Because this contact is required by law it does not violate HIPAA.

This project was supported by Grant Number VAWA ARRA-2009-KASAP-00034 awarded through the Kentucky Justice and Public Safety Cabinet by the Office on Violence Against Women, U.S. Department of Justice. The Opinions, findings, conclusions and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women or the Kentucky Justice and Public Safety Cabinet.