DAR File No. 38221

Crime Victim Reparations, Administration

Section R270-1-13

Awards

Notice of 120-Day (Emergency) Rule

DAR File No.: 38221
Filed: 01/03/2014 02:30:54 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The agency provides benefits to eligible victims of crime. Benefits are paid from a restricted revenue account known as the Crime Victims Trust Fund. Currently, there are not adequate funds in the Trust to cover projected expenses to the end of the fiscal year. The change implements a 20% reduction to all payments made from the Trust for the purpose of averting complete depletion of the Fund.

Summary of the rule or change:

The rule immediately reduces all payments made from the Fund by 20% in an attempt to stretch funding to the start of FY15.

Emergency rule reason and justification:

Regular rulemaking procedures would cause an imminent peril to the public health, safety, or welfare; and cause an imminent budget reduction because of budget restraints or federal requirements.

Justification: The Trust is intended to benefit eligible victims of crime by paying the crime-related expenses for which victims have no other resource. If the Fund were to be entirely depleted, crime victims would have no resource to pay for services such as funeral and burial, forensic exams, and medications to prevent HIV, medical, dental, mental health, and other services critical to recovering from victimization. Those services would either no longer be provided or paid for.

State statutory or constitutional authorization for this rule:

• Subsection 63M-7-525(1)(2)
• Subsection 63M-7-511(2)
• Subsection 63M-7-506(1)(c)

Anticipated cost or savings to:

the state budget:

The agency will not incur additional administrative expenses. The agency anticipates a 20% savings taking the projected $8,000,000 in benefit payments down to $6,400,000, or a savings of $1,600,000.

local governments:

Local governments are likely to see an increase in the number of applications for any social service type benefits they may offer. Local governments will notice a reduction in benefits offered from the agency.

small businesses:

Small businesses such as medical, dental, mental health, funeral, and other service providers that assist crime victims will receive reduced payment for the services they provide. Those payments will be reduced by 20%.

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

Eligible crime victims submitting expenses for reimbursement for crime related expenses they have incurred will have those eligible reimbursements reduced by 20%.

Compliance costs for affected persons:

There should not be compliance costs in addition to the cost of the reduced payments.

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

As stated above: Small businesses such as medical, dental, mental health, funeral, and other service providers that assist crime victims will receive reduced payment for the services they provide. Those payments will be reduced by 20%.

Gary Scheller, Director

The full text of this rule may be inspected, during regular business hours, at the Division 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 garys@utah.gov

This rule is effective on:

01/04/2014

Authorized by:

Gary Scheller, Director

R270. Crime Victim Reparations, Administration.

R270-1. Award and Reparation Standards.

R270-1-13. Awards.

A. Pursuant to Section 63M-7-521, when billing from the providers exceeds the maximum allowed, the Reparation Officer shall pay the bills by the date of service. The Reparation Officer shall solicit input from the victim when making this determination. When the services and the billings have occurred at the same time, the Reparation Officer shall determine payment on a percentage basis.

B. All final award determinations made by the office, regardless of the administrative rule under which the award determination is made, shall be reduced prior to final payment authorization by 20 percent. The 20 percent reduction shall be made in addition to any other reductions made under current statute or administrative rule.  Acceptance of payments by medical providers as calculated under this rule, constitutes payment in full pursuant to Section 63M-7-521.5.

 

KEY: victim compensation, victims of crimes

Date of Enactment or Last Substantive Amendment: January 4, 2014

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

Notice of Continuation: June 29, 2011