DAR File No. 40833

Crime Victim Reparations, Administration

Section R270-1-4

Counseling Awards

Notice of Proposed Rule

(Amendment)

DAR File No.: 40833
Filed: 09/28/2016 07:43:06 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to provide interpretation and standards for the administration of crime victim reparations.

Summary of the rule or change:

Subsection R270-1-4(10) is amended to state that the office shall not pay for treatment for an offender related to the perpetration of the criminally injurious conduct.

Statutory or constitutional authorization for this rule:

• Section 63M-7-501 et seq.

Anticipated cost or savings to:

the state budget:

Any anticipated cost or savings to the state budget, based on the changes to this rule, cannot be measured. The changes to this rule address the counseling awards and the office not paying for treatment for an offender related to the perpetration of the criminally injurious conduct. It is impossible to determine what impact, if any, there may be on the state budget. Therefore, there are no anticipated costs or savings that this rule may have on the state budget.

local governments:

Any anticipated cost or savings to local government, based on the changes to this rule, cannot be measured. The changes to this rule address the counseling awards and the office not paying for treatment for an offender related to the perpetration of the criminally injurious conduct. It is impossible to determine what impact, if any, there may be on local government. Therefore, there are no anticipated costs or savings that this rule may have on local government.

small businesses:

Any anticipated cost or savings to small businesses, based on the changes to this rule, cannot be measured. The changes to this rule address the counseling awards and the office not paying for treatment for an offender related to the perpetration of the criminally injurious conduct. It is impossible to determine what impact, if any, there may be on small businesses. Therefore, there are no anticipated costs or savings that this rule may have on small businesses.

persons other than small businesses, businesses, or local governmental entities:

Any anticipated cost or savings to persons other than small businesses, businesses, or local government entities, based on the changes to this rule, cannot be measured. The changes to this rule address the counseling awards and the office not paying for treatment for an offender related to the perpetration of the criminally injurious conduct. It is impossible to determine what impact, if any, there may be on persons other than small businesses, businesses, or local government entities. Therefore, there are no anticipated costs or savings that this rule may have on persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons. The changes to the rule only indicate that the office shall not pay for treatment for an offender related to the perpetration of the criminally injurious conduct.

Comments by the department head on the fiscal impact the rule may have on businesses:

Any anticipated fiscal impacts that this rule may have on businesses, based on the changes to this rule, cannot be measured. The rule is being amended to clarify the pre-existing language so it is consistent with the intent of the Board. It is impossible to determine what impact, if any, there may be on businesses. Therefore, there are no anticipated costs or savings that this rule may have on small businesses.

Ron Gordon, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Crime Victim Reparations
AdministrationRoom 200
350 E 500 S
SALT LAKE CITY, UT 84111-3347

Direct questions regarding this rule to:

• Gary Scheller at the above address, by phone at 801-238-2362, by FAX at 801-533-4127, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/14/2016

This rule may become effective on:

11/21/2016

Authorized by:

Gary Scheller, Director

R270. Crime Victim Reparations, Administration.

R270-1. Award and Reparation Standards.

R270-1-4. Counseling Awards.

A. Pursuant to Subsections 63M-7-502(21) and 63M-7-511(4)(c), out-patient mental health counseling awards are subject to limitations as follows:

1. The reparation officer shall approve a standardized treatment plan.

2. The cost of initial evaluation and testing may not exceed $300 and shall be part of the maximum allowed for counseling. For purposes herein, an evaluation shall be defined as diagnostic interview examination including history, mental status, or disposition, in order to determine a plan of mental health treatment.

3. Primary victims of a crime shall be eligible for the lesser of 25 aggregate individual and/or group counseling sessions or $2,500 maximum mental health counseling award.

(a) Parents, children and siblings of homicide victims shall be considered at the same rate as primary victims for inpatient and outpatient counseling.

4. Secondary victims of a crime shall be eligible for the lesser of 15 aggregate individual and/or group counseling sessions or $1,250 maximum mental health counseling award.

5. Extenuating circumstances warranting consideration of counseling beyond the maximum may be submitted by the mental health provider when it appears likely that the maximum award will be reached.

6. Counseling costs will not be paid in advance but will be paid on an ongoing basis as victim is being billed.

7. In-patient hospitalization shall only be considered when the treatment has been recommended by a licensed therapist in life-threatening situations. A direct relationship to the crime needs to be established. Acute in-patient hospitalization shall not exceed $600 per day, which includes all ancillary expenses, and will be considered payment in full to the provider. Inpatient psychiatric visits will be limited to one visit per day with payment for the visit made to the institution at the highest rate of the individuals providing therapy as set by rule. Reimbursement for testing costs may also be allowed. Parents, children and siblings of homicide victims shall be considered at the same rate as primary victims for inpatient hospitalization. All other secondary victims of other crime types are excluded.

8. Residential and day treatment shall only be considered when the treatment has been recommended by a licensed therapist to stabilize the victim's behavior and symptoms. Only facilities with 24 hour nursing care or 24 hour on call nursing care will be compensated for residential and day treatment. Residential and day treatment shall not be used for extended care of dysfunctional families and containment placements. A direct relationship to the crime needs to be established. Residential treatment shall not exceed $300 per day and will be considered payment in full to the provider. Residential treatment shall be limited to 30 days, unless there are extenuating circumstances requiring extended care. All residential clients shall receive routine assessments from a psychiatrist and/or APRN at least once a week for medication management. Day treatment shall not exceed $200 per day and will be capped at $10,000. These charges will be considered payment in full to the provider. Parents, children and siblings of homicide victims shall be considered at the same rate as primary victims for residential and day treatment. All other secondary victims of other crime types are excluded.

9. Wilderness programs shall not be covered as an appropriate treatment modality when considering inpatient hospitalization, residential or day treatment.

10. [Child sexual abuse victims under the age of 13 who become perpetrators shall only be considered for mental health treatment awards directly related to the victimization. Perpetrators age 13 and over who have been child sexual abuse victims shall not be eligible for compensation. The CVRA Board or contracting agency for managed mental health care shall help]The office shall not pay for treatment for an offender related to the perpetration of the criminally injurious conduct. Reparations officers shall establish a reasonable percentage regarding victimization treatment for outpatient, inpatient, residential and day treatment[. Out-patient claims shall be determined by the Reparation Officer] on a case by case basis upon review of the mental health treatment plan and treatment records.

11. Payment for mental health counseling shall only be made to licensed therapists; or to individuals working towards a license that provide certified verification of satisfactory completion of an education and earned degree as required by the State of Utah Department of Commerce, Division of Professional and Occupational Licensing, working under the supervision of a supervisor approved by the Division. Student interns otherwise eligible under 58-1-307(1)(b) Exceptions from licensure, and/or the institution/facility/agency responsible for the supervision of the student, shall not be eligible for payment under this rule for counseling services provided by the student.

12. Payment of hypnotherapy shall only be considered when treatment is performed by a licensed mental health therapist based upon an approved Treatment Plan.

13. The following maximum amounts shall be payable for mental health counseling:

(a) up to $130 per hour for individual and family therapy performed by licensed psychiatrists, and up to $65 per hour for group therapy;

(b) up to $90 per hour for individual and family therapy performed by licensed psychologists and up to $45 per hour for group therapy;

(c) up to $70 per hour for individual and family therapy performed by a licensed master's level therapist or an Advanced Practice Registered Nurse, and up to $35 per hour for group therapy. These rates shall also apply to therapists working towards a license and supervised by a licensed therapist;

(d) The above-mentioned rates shall apply to individuals performing treatment, and not those supervising treatment.

14. Chemical dependency specific treatment will not be compensated unless the Reparation Officer determines that it is directly related to the crime. The CVRA Board may review extenuating circumstance cases.

 

KEY: victim compensation, victims of crimes

Date of Enactment or Last Substantive Amendment: [May 13], 2016

Notice of Continuation: June 15, 2016

Authorizing, and Implemented or Interpreted Law: 63M-7-501 et seq.