AUSTIN (KXAN) – The accident happened in the blink of an eye.
Steven Heller enjoyed a bike ride in Pflugerville on New Year’s Day, the first day of 2023. In the next moment, in a daze, Mr. Heller recalled being blown into the air by the impact and seeing his bike fly in a different direction below him.
“I don’t think many people would get hit by a car that fast and run away,” Heller said from her kitchen counter after first viewing police footage of the incident obtained by KXAN. The stolen car that struck him at the intersection of Gattis School Road and Farm to Market Road 685 in Pflugerville was being pursued by police and was driven by a convicted felon, according to court records. Ta.
“I’m just amazed that I walked away from this situation,” he said.
Until he saw the footage, Heller had no idea how fast the stolen car was moving or that the other sedan came within centimeters of passing him over his head. . After hitting Heller, the car crashed through a traffic light pole, leaving only a shattered metal stump.
Heller’s diagnostic scans and medical evaluation at the hospital miraculously revealed only minor injuries. Because the incident was classified as a violent crime, Heller was eligible for medical assistance from the state’s Crime Victim Compensation Program (CVC).
The goal of the CVC program is to help victims move forward in their lives. Attorney General Ken Paxton’s office administers the fund. It compensates people for hospital expenses, treatment costs, relocation, lost wages, and more. The funds used primarily come from court fees, not taxes.
KXAN has been following the cases of Heller and other victims for more than a year. Through multiple reports, dozens of Freedom of Information requests, and interviews with former and current employees, we have found that KXAN suffers from high turnover, understaffing, and how victims navigate a maze of bureaucratic red tape. It has been revealed that some departments are in dire straits and have been waiting for months.
During these investigations, KXAN also discovered that the programs submitted statistics to state legislatures that made it appear as if victims’ claims were being processed much faster than they actually were.
For example, in the summer of 2023, the average victim waited six months for their first payment, according to internal department data obtained by KXAN. Meanwhile, the CVC’s office informed lawmakers that claims are being paid out in an average of just 36 days, according to state records.
The questionable statistics revealed by KXAN caught the attention of Rep. Mary Gonzalez, D-Clint, who said she was “disturbed” by the statistics.
“We expect that data to be essential,” said House Appropriations Committee Vice Chairman Gonzalez. He said if the data submitted to Congress is “distorted” it could affect an agency’s performance evaluation.
“This data is important,” she said. “This is exactly the kind of information we use to determine how much funding is appropriated. How many people are needed.”
Misleading calculation?
To obtain the statistics sent to Congress, KXAN found that Paxton’s CVC office calculates an average of two very different types of claims: victim claims that take months to pay; This is a request for a sexual assault test, which usually takes less than a week. Furthermore, interviews with former and current employees and government agency records show that victims are not involved in paying for sexual assault tests in any way, and that they are handled directly between health care providers and the state. That’s what it means.
“It’s a matter of great concern to us as we continue to investigate this matter,” Gonzalez said. “We are very fortunate that appropriations staff in the Texas House of Representatives is investigating this matter. We will work with other members of Congress to uncover more information and ensure that the agency is held accountable.” We are working hard on this.”
In light of KXAN’s findings, Gonzalez said he is working to build a coalition of lawmakers to thoroughly investigate questionable CVC data and find solutions before the next Congress begins in 2025.
Paxton’s public relations department has not commented or acknowledged that it has received about two dozen emails from KXAN since November, including detailed questions and phone messages. Regarding this latest report, KXAN said he called and emailed him six times over the course of two weeks. Paxton’s news office did not respond.
Paxton’s office last commented on the topic of CVC in September 2023, with a spokesperson saying, “OAG is working with Congress to address the recruiting and retention issues faced by state agencies in recent years. After dealing with these challenges, the office is almost fully staffed and the result is a across-the-board pay increase for all state employees.”
According to the department directory, there were 22 vacancies on the CVC employee list in January, which is about half of the number of vacancies in April 2023.
Despite improved staffing, claims are still taking months to process.
Tell the AG’s office is in the federal government and tell Texas legislators something else.
KXAN reviewed the most recent fiscal year 2022 report filed by the CVC office with the U.S. Department of Justice’s Office for Victims of Crime and found that Paxton’s office provided state legislators with significantly different metrics compared to federal authorities. I discovered that.
States that receive CVC funding from the federal government submit performance statistics to the federal Office for Victims of Crime.
In fiscal year 2022, Texas reported to the federal government that it took an average of 74 days to determine eligibility. Meanwhile, Paxton’s CVC office reported to the Legislature that it took an average of 39 days to analyze a claim, determine eligibility and issue the first payment.
It’s not clear why the CVC sector would submit such different measurements to the state and federal governments.
As for how Texas compiles federal statistics, a Justice Department official referred to an instruction manual that states Texas “counts the number of days from receipt of application to decision.” Note: Processing times are based on state established procedures. ”
The instructions do not say whether allegations of sexual assault testing will be included, and Paxton’s office did not respond to specific questions about federal reporting methods.
KXAN asked the Department of Justice if it has concerns about disparate statistics being reported to the federal and state governments. A Justice Department official said it was “unclear” whether the report relied on the same metrics and that the Justice Department does not have oversight authority over the state Legislature’s report.
Gonzalez called the disparate state and federal reports uncovered by KXAN’s investigation “very disturbing.”
“I think the AG’s office is probably telling us different data because we are responsible for how much funding the AG gets,” Gonzalez said. “They want to prove that their company is performing well, even if the numbers aren’t completely accurate.”
“Distorted” data
As Gonzalez explained, part of the reason the state’s data is “skewed” is because a change in the law streamlined the reimbursement process for claims for sexual assault testing.
In 2019, Rep. Victoria Neve Criado (D-Dallas) authored House Bill 616, which would allow health care providers to receive direct reimbursement from the CVC program for sexual assault testing. This change accelerated sexual assault allegations.
To learn more about how other states handle the statistics, KXAN reached out to crime victim compensation offices in the 10 most populous states outside of Texas. We asked whether the measurements reported to the state or federal government include allegations of sexual assault testing.
Of the municipalities that responded to KXAN’s specific questions, California, Ohio, Georgia and Michigan said their calculations do not include sexual assault tests. The Illinois and New Jersey Crime Victim Compensation Offices said they do not cover the cost of forensic examinations. Florida State did not respond to that specific question from KXAN. New York and Pennsylvania did not respond.
At least one state, North Carolina, said it includes allegations of sexual assault forensic examinations in its performance reports to the federal government.
Gonzalez wants Texas to unbundle rape kit testing data to give lawmakers a more accurate picture of how long victims are waiting for help overall.
“I think taxpayers and Texans just want transparency,” she says.
Sen. Judith Zaffirini (D-Laredo), another state lawmaker on the Texas Senate Finance Committee, said she is working with Paxton, advocates and stakeholders to “ensure effective and timely service” of the CVC Fund. He said he was committed to “cooperating.” Zaffirini said he would consider “enhancing resource allocation and data collection” to improve the program.
Heller expressed surprise and concern about the way CVC offices in Texas reported their performance, but the statistics were more of an afterthought. What’s on Heller’s mind is a months-long battle to get her medical bills paid.
As of KXAN’s November report, Heller had been waiting for six months and had received nothing but unanswered phone calls. A week after the KXAN investigation aired, he was told that his hospital bills totaled $1,327.76. In late January, more than a year after his accident, the CVC office paid his $650 ambulance bill, effectively ending his accident and claims saga. Heller shared his personal payment records and invoices with his KXAN.
“It feels great,” Heller said. “I’ve been tired of dealing with this issue for over a year trying to get the payments they said I should get.”
The process has been difficult, and Heller knows it can be even more difficult in more complex cases. he considers himself lucky.
“I can only imagine what that is like for someone who has had a more traumatic experience, getting a bigger bill and having to deal with this and having to relive that trauma over and over again. I can’t even do that,” he said.
