ED Coding and Reimbursement Alert

Use Only Physical Evidence to Determine Rape

It's a situation no healthcare professional wants to encounter, but the reality is, patients present to the ED saying they've been raped and your staff has to toe the line between medical diagnosis and legal determination without overstepping boundaries of fact.
 
Help your physician and other involved persons by keeping the patient record as objectively coded as possible. Your physician determines the physical status of the patient, nothing more, nothing less, and choosing codes based on evidence can lead to seemingly heartless determinations for the victim or alleged perpetrator. But your job is to report a medical situation and to leave indeterminate circumstances for legal professionals to assess.

Below are the ICD-9 codes that deal specifically with rape or sexual assault and justify a relevant procedure, be it an E/M (99281-99285) or treatment of an injury. Make sure you're familiar with all of your options for accurately describing this case:
 

  •  995.53 Child sexual abuse
     
  •  995.83 Adult sexual abuse
     
  •  V15.41 History of physical abuse
     
  •  V71.5 Observation following alleged rape or
     seduction
     
  •  E960.1 Rape

    Follow these four coding guidelines, offered by experts, for diagnosing rape cases in the ED:
     
    1. V71.5 versus E960.1: Refer to physical evidence. The most controversial diagnosis choice for rape cases is between alleged rape and rape, and only physical evidence should determine your selection. The "important distinction" between these two diagnostic condition boils down to the difference between observation for rape and medical evidence of rape, says Lois Hall, RHIT, CPC, at the Togus Veteran's Administration in Togus, Maine, and a member of the VHA Coding Council.
     
    In other words, look for the absence or presence of physical evidence indicating rape not what the patient did, or didn't, tell the physician when determining which of these two diagnosis codes you should select.
     
    Report the E code for rape, in addition to the appropriate injury codes, for cases in which the physician finds physical evidence of rape, Hall says. For cases in which the physician finds no physical signs of injury or rape, you should report the V code for alleged rape, V71.5, she says. Look in the physician's notes for indication of a V71.5 case. You should find a statement such as "No physical signs of injury or rape," but not one along the lines of "The rape did not occur," she adds. In other words, the lack of physical evidence alone requires the "alleged" designation, she says.
     
    2. V15.41: Remember, history is history unless it affects the present problem. Reserve the code for history of physical abuse only for situations when it impacts current care, Hall says. For example, report V15.41 if a patient comes in for treatment for post-traumatic stress disorder (PTSD) because of a previous rape, she says. Another appropriate instance for reporting V15.41 is when a patient who was impregnated during a rape incident presents to the ED either in labor or experiencing problems related the pregnancy, she adds.
     
    Don't report V15.41 as a primary diagnosis, says Melanie Witt, RN, CPC, MA, an ob-gyn coding expert based in Fredericksburg, Va. The primary diagnosis is the presenting problem, and the V code helps to explain more specifically that diagnosis.
     
    3. All rape codes: Report diagnosis codes in order. Once you report the most accurate ICD-9 codes, don't sabotage your claim by haphazardly ordering them.
     
    If your physician reports E960.1 for rape, you should report the 995.xx codes as the primary diagnosis for any rape or assault examination, Witt says. You then report the secondary code (in this case, the rape code) to indicate the circumstances surrounding the diagnosis, she says. That E code for rape must also follow with an E code from the E960-E969 series to indicate the relationship between the victim and attacker.
     
    4. Accompanying injury codes: Be sure to report all of them. As stated above, you use the E code for rape along with the presenting injury codes. Remember to include every injury sustained by the rape victim in your report to paint a clear picture of what happened, Hall says. Your physician may have to testify in court, which makes these facts become even more relevant. Examples of common injuries include open wounds, such as 883.1 (Open wound of finger[s]; complicated), fractures, 814.01 (Fracture of navicular [scaphoid] of wrist) and contusions, 923.3 (Contusion of finger).

     You can expect a variety of procedures from laceration repair to facture care when reporting rape-case treatment. The following two services sometimes used in rape cases warranted new or revised codes in 2003:

  •  57420 Colposcopy of the entire vagina, with  cervix if present      
  •  57452* Colposcopy of the cervix including upper/adjacent vagina.

    You may have noticed that in your ED, as in many others, standard protocol calls for the collection of evidence using a rape evidence collection kit. Either your emergency physician or a sexual assault nurse examiner (SANE) may conduct the examination.
     
    You have no CPT code to report for this work because it is technically a service for the prosecuting attorney, not the patient. Money is sometimes available from the appropriate prosecutor's office to pay for the time and effort this exam requires. The evidence kits can be state-specific because of local laws. A 140-page "Sexual Assault Handbook" is available on the American College of Emergency Physician Web site, www.acep.org.
     
    You should, out of courtesy, avoid billing the patient for this service.