DAR File No. 40687

Crime Victim Reparations, Administration

Rule R270-1

Award and Reparation Standards

Notice of Proposed Rule

(Amendment)

DAR File No.: 40687
Filed: 08/19/2016 02:00:10 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule is to address the award and reparation standards. The reason for the changes are to update the definitions, rule filing format issues, and other grammatical corrections and/or errors through the rule. There are also some clarifications that were added in the award section and victim services section, and the secondary victim section was deleted and incorporated in to the definition section.

Summary of the rule or change:

The definitions were amended to comply with statute, rule filing format issues were corrected, and other grammatical corrections and/or errors were made through the rule. There are also some clarifications that were added in the award section and victim services section, and the secondary victim section was deleted and incorporated in to the definition section.

Statutory or constitutional authorization for this rule:

• Section 63M-7-506

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The changes to the rule mostly address grammatical corrections and/or errors, and provide additional clarification to policies that are already in place.

local governments:

There are no anticipated costs or savings to local government. The changes to the rule mostly address grammatical corrections and/or errors, and provide additional clarification to policies that are already in place.

small businesses:

There are no anticipated costs or savings to small businesses. This rule does not apply to small businesses. In addition, the changes to the rule mostly address grammatical corrections and/or errors, and provide additional clarification to policies that are already in place.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The changes to the rule mostly address grammatical corrections and/or errors, and provide additional clarification to policies that are already in place.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons. The changes to the rule mostly address grammatical corrections and/or errors, and provide additional clarification to policies that are already in place.

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

There are no anticipated fiscal impacts that this rule may have on businesses. This rule addresses the award and reparation standards and does not affect businesses.

Ron Gordon, Executive Directo

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:

10/17/2016

This rule may become effective on:

10/24/2016

Authorized by:

Gary Scheller, Director

R270. Crime Victim Reparations, Administration.

R270-1. Award and Reparation Standards.

R270-1-1. [Authorization]Authority and Purpose.

As provided in Section 63M-7-506 the purpose of this rule is to provide interpretation and standards for the administration of crime victim reparations.

 

R270-1-2. Definitions.

(1) Terms used in this rule are found in Section 63M-7-502.

(2) In addition:

(a) "APRN" means Advanced Practice Registered Nurse;

(b) "DOPL" means Utah Department of Commerce, Division of Professional and Occupational Licensing;

(c) "primary victim" means a victim who has been directly injured by criminal conduct;

(d) "program" means the Victim Services Grant Program, authorized under Section 63M-7-506(l)(i), which allocates money for other victim services once a sufficient reserve has been established for reparations claims; and

(e) "secondary victim" means a victim who is not a primary victim but who has a relationship with the victim and was traumatically affected by the criminally injurious conduct that occurred to the victim, including an immediate family member of a victim such as a spouse, father, mother, stepparents, grandparents, child, brother, sister, stepchild, stepbrother, stepsister, or legal guardian or other person who the reparations officer reasonably determines bears an equally significant relationship to the primary victim.

 

R270-1-[2]3 . Funeral and Burial Award.

[A.](1) Pursuant to Subsection 63M-7-511(4)(f), total award for funeral and burial expenses is $7,000 for any reasonable and necessary charges incurred directly relating to the funeral and burial of a victim. This amount includes transportation of the deceased. Allowable expenses in this category may include the emergency acquisition of a burial plot for victims who did not previously possess or have available to them a plot for burial.

[B.](2) Transportation of secondary victims to attend a funeral and burial service shall be considered as an allowable expense in addition to the $7,000.

[C.](3) Loss of earnings for secondary victims to attend a funeral and burial service shall be allowed as follows:

[1.](a) Three days in-state

[2.](b) Five days out-of-state

[D.](4) When a victim dies leaving no identifying information, claims made by a provider cannot be considered.

 

R270-1-[3]4 . Negligent Homicide and Hit and Run Claims.

[A.](1) Negligent homicide claims shall be considered criminally injurious conduct as defined in Subsection 63M-7-502(9).

[B.](2) Pursuant to Subsection 63M-7-502(9)(a), criminally injurious conduct shall not include victims of hit and run crimes.

 

R270-1-[4]5 . Counseling Awards.

[A.](1) 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.](a) The [reparation]reparations officer shall approve a standardized treatment plan.

[2.](b) 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.](c)(i) 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)](ii) Parents, children, spouses and siblings of homicide victims shall be considered at the same rate as primary victims for inpatient and outpatient counseling.

[4. Secondary](d) All other 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.](e) 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.](f) Counseling costs will not be paid in advance but will be paid on an ongoing basis as victim is being billed.

[7.](2) In-patient hospitalization shall only be considered for primary victims 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, spouses 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.](3) Residential and day treatment shall only be considered for primary victims 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, spouses 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.](4) Wilderness programs shall not be covered as an appropriate treatment modality when considering inpatient hospitalization, residential or day treatment.

[10.](5) 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]board or contracting agency for managed mental health care shall help establish a reasonable percentage regarding victimization treatment for inpatient, residential and day treatment. Out-patient claims shall be determined by the [Reparation Officer]reparations officer on a case by case basis upon review of the mental health treatment plan.

[11.](6) 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]DOPL, working under the supervision of a supervisor approved by the [Division]DOPL. Student interns otherwise eligible under Subsection 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.](7) Payment of hypnotherapy shall only be considered when treatment is performed by a licensed mental health therapist based upon an approved Treatment Plan.

[13.](8) 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]APRN, 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.](9) Chemical dependency specific treatment will not be compensated unless the [Reparation Officer]reparations officer determines that it is directly related to the crime. The [CVRA Board]board may review extenuating circumstance cases.

 

R270-1-[5]6 . Attorney Fees.

Pursuant to Subsection 63M-7-524(2) attorney fees shall be made within the reparation award and not in addition to the award. If an award is paid in a lump sum, the attorney's fee shall not exceed 15% of the total award; if payments are awarded on an ongoing basis, attorney fees will be paid when warrants are generated but not to exceed 15%. When [appeal hearing]award denials are overturned, attorney fees shall be calculated only on the appealed reparation issue.

 

R270-1-[6]7 . Reparation Awards.

Pursuant to Section 63M-7-503, reparation awards can be made to victims of violent crime where restitution has been ordered by the court but appears unlikely the restitution can be paid within a reasonable time period. However, notification of the award will be sent to the courts, prosecuting attorneys, Board of Pardons or probation and parole counselors indicating any restitution monies collected up to the amount of the award will be forwarded to the [Crime Victim Reparations Trust Fund]fund.

 

R270-1-[7]8 . Abortion.

Expenses for an abortion that is permitted pursuant to Sections 76-7-301 through 76-7-331 shall be eligible for a reparation award as long as all the requirements of Section 63M-7-511 have been met.

 

R270-1-[8]9 . Emergency Awards.

Pursuant to Section 63M-7-522, emergency awards up to $1000 can be granted. No time limit is required for filing an emergency claim. Processing of emergency claims is three to five days.

 

R270-1-[9]10 . Loss of Earnings.

[A.](1) Pursuant to Subsection 63M-7-511(4)(d), the 66-2/3% of the person's weekly salary or wages is calculated on gross earnings.

[B.](2) Loss of earnings for primary and secondary victims may be reimbursed for up to a maximum of twelve (12) weeks work loss, at an amount not to exceed the maximum allowed per week by Worker's Compensation guidelines in effect at the time of work loss. The [Crime Victim Reparations and Assistance Board]board may review extenuating circumstances on loss of earnings claims for the purpose of consideration and authorization of extensions beyond set limits.

 

R270-1-[10]11 . Moving, Transportation Expenses.

[A.](1) Pursuant to Subsection 63M-7-511(4)(a), victims of violent crime who suffer a traumatic experience or threat of bodily harm are allowed moving expenses up to $1,000. Board approval is needed where extenuating circumstances exist.

[B.](2) Transportation expenses up to $1000 are allowed for crime-related travel including, but not limited to, participation in court hearings and parole hearings as well as medical or mental health visits for primary and secondary victims. The [Board]board may approve travel expenses in excess of $1000 where extenuating circumstances exist.

 

R270-1-[11]12 . Collateral Source.

[A.](1) [Crime Victim Reparations Trust Fund monies]Money from the fund shall be used before State Social Services contract monies when considering out-of-pocket expenses in child sexual abuse cases, if the individuals qualify as victims. If the victim qualifies for Medicaid, the contract monies should be used first.

[B.](2) [Crime Victim Reparations Trust Fund monies]Money from the fund shall be used before money from the Utah Medical Assistance Program , established in Section 26-18-10, [funds ]when considering allowable benefits for victims of violent crime.

 

R270-1-[12]13 . Record Retention.

[A.](1) [Pursuant to Section 63M-7-501, retention]Retention of [Crime Victim Reparations]the UOVC annual report and crime victim case files shall be as follows:

[1.](2) Annual reports and other statistical information shall be retained in office for a period of three years and then transferred to State Archives.

[2.](3) Crime victim case files shall be retained in office as needed for administrative use. After closure or denial of a case file, case file shall be retained in office for one year and then transferred to [State Archives]the Utah Department of Administrative Services, Division of Archives and Records Service. Case files will be retained in the State Records Center for [eleven]99 years and then destroyed.

 

R270-1-[13]14 . Awards.

[A.](1) Pursuant to Section 63M-7-521, when billing from the providers exceeds the maximum allowed, the [Reparation Officer]reparations officer shall pay the bills by the date of service. The [Reparation Officer]reparations 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]reparations officer shall determine payment on a percentage basis.

(2) Awards will only be granted for costs the reparations officer determines are directly related to or resulting from criminally injurious conduct.

 

R270-1-[14]15 . Essential Personal Property.

[A.](1) Pursuant to Subsection 63M-7-511(4)(h), essential personal property covers all personal articles necessary and essential for the health and safety of the victim.

[B.](2) The [Reparation Officer]reparations officer may allow up to $5000 for medically necessary items such as eyeglasses, hearing aids, and wheelchairs. The board may approve expenses for medically necessary items in excess of $5000 where extenuating circumstances exist.

[C.](3) The [Reparation Officer]reparations officer may allow up to $1500 for essential personal property not included in Subsection (B) such as burglar alarms, door locks, crime scene cleanup, repair of walls and broken windows, etc. The board may approve expenses for essential personal property in excess of $1500 where extenuating circumstances exist.

 

R270-1-[15]16 . Subrogation.

[A.](1) Pursuant to Section 63M-7-519, subrogation monies collected from the perpetrator, insurance, etc., will be placed in the [Crime Victim Reparations Trust Fund]fund and will not be credited toward a particular victim or claimant award amount.

[B.](2) Pursuant to [Subsection]Subsections 63M-7-519(2)[(a) and (b)], in such instances where a settlement against a third party appears imminent, the [Director]director may reduce by up to 33% the lesser of; (a) the amount paid by the state; or (b) the amount of the settlement. Reduction in excess of 33% shall be determined by the [CVRA Board]board with the concurrence of the [Director]director.

 

R270-1-[16]17 . Unjust Enrichment.

[A. ]Pursuant to Subsection 63M-7-510(1)(d), the following criteria shall be used when considering claims involving possible unjust enrichment of an offender:

[1.](1) Unjust enrichment determination shall not be based solely on the presence of the offender in the household at the time of the award.

[2.](2) Awards shall not be denied on the basis that the offender would be unjustly enriched, if the victim cooperates with investigation and prosecution of the crime and does what is possible to prevent access by the offender to substantial compensation.

[3.](3) Payment to third party providers shall be made to prevent monies intended for victim expenses be used by or on behalf of the offender.

[4.](4) Collateral resources such as court-ordered restitution and medical insurance that are available to the victim from the offender shall be examined. However, the victim shall not be penalized for failure of an offender to meet legal obligations to pay for the cost of the victim's recovery.

[5.](5) Factors to be considered in determining whether enrichment is substantial or inconsequential include the amount of the award and whether a substantial portion of the compensation award will be used directly by or on behalf of the offender. If the offender has direct access to a cash award and/or if a substantial portion of it will be used to pay for his living expenses, that portion of the award that will substantially benefit the offender may be reduced or denied. When enrichment is inconsequential or minimal, the award shall not be reduced or denied.

 

R270-1-[17]18 . Prescription or Over-the-Counter Medications.

[A.](1) Reimbursement of prescription or over-the-counter medications and/or medication management services used in conjunction with mental health therapy shall be considered only for the duration of an approved Treatment Plan.

[B.](2) Reimbursement of prescription or over-the-counter medications used in conjunction with medical treatment shall be considered only during the course of treatment by the physician.

[C.](3) Medication management rates shall be limited to a maximum of $62.50 per thirty minute session.

 

R270-1-[18]19 . Peer Review Committee.

[A.] A volunteer Peer Review Committee may be established to review issues and/or provide input to [Crime Victim Reparations]office staff on out-patient mental health counseling claims. The composition, duties, and responsibilities of this Committee shall be defined by the [Crime Victim Reparations and Assistance Board]board by written internal policy and procedure.

 

R270-1-[19]20 . Medical Awards.

[A. ]Pursuant to Subsection 63M-7-511(4)(b), medical awards are subject to limitations as follows:

[1.](1) All medical costs must be related directly to the victimization and all treatment must be considered usual and customary.

[2.](2) The [reparation]reparations officer reserves the right to audit any and all billings associated with medical care.

[3.](3) The [reparation]reparations officer will not pay any interest, finance, or collection fees as part of the award.

[4.a.](4)(i) If the claimant has no medical insurance or other collateral source for payment of the victim's medical bill, [Crime Victim Reparations]the office shall pay 70% of billed charges for eligible medical bills.

[b.](ii) If the claimant has medical insurance or another collateral source for payment of the victim's medical bills, [Crime Victim Reparations]the office shall pay the portion of the eligible medical bills that the claimant is obligated to pay pursuant to the insurance agreement.

[c.](iii) This [subsection (4)]rule does not apply to expenses governed by R270-1-[4]5 or R270-1-[22]23.

[5.](5) This rule supersedes any other agreements regarding payment of medical bills by [Crime Victim Reparations]the office.

[6.](6) Child endangerment examinations for children that have been exposed to drugs shall be paid for when the health and safety of the child is at risk and no other collateral source is available. The cost of the exam needs to be an expense incurred by the victim. The writing of evidentiary reports and any form of lab testing shall not be covered as part of the examination.

 

R270-1-[20]21 . Misconduct.

Pursuant to Subsections 63M-7-502(22) and 63M-7-512(1)(b) misconduct shall be considered conduct which contributed to the victim's injury or death or conduct which the victim could have reasonably foreseen could lead to injury or death. In determining whether the victim engaged in misconduct, the [CVR staff]reparations officers shall consider any behavior of the victim that may have directly or indirectly contributed to the victim's injury or death including consent, provocation, verbal utterance, gesture, incitement, prior conduct of the victim or the ability of the victim to have reasonably avoided the incident upon which the claim is based. [CVR staff]Reparations officers shall not consider any behavior or action of any victim that is committed by the victim while under the duress or experience of threat, exploitation, coercion or any circumstance absent the victim's own willful desire to participate or any behavior or action committed or perceived to have been committed by the victim of any sex crime when determining whether the victim engaged in misconduct.

 

R270-1-[21]22 . Three Year Limitation.

Pursuant to Subsections 63M-7-506(1)(c) and 63M-7-525(2) a claim for benefits expires and no further payments will be made with regard to the claim after three years have elapsed from the date of application with [CVR]the office. Reparations [Officers]officers may extend claims that have been closed because of the Three Year Limitation rule if extenuating circumstances exist.

 

R270-1-[22]23 . Sexual Assault Forensic Examinations.

[A. ]Pursuant to Subsections 63M-7-502([21]20) and 63M-7-511(4)(i), the cost of sexual assault forensic examinations for gathering evidence and providing treatment may be paid by [CVR]the office in the amount of up to $750.00 for a full examination which must include photo documentation. Pursuant to Section 63M-7-521.5, [CVR]the office may also pay for the cost of medication and/or pharmacological management and consultation provided for the purpose of obtaining free medications and 70% of the eligible hospital services and supplies. Payment to the hospital or other eligible facility for the rent or use of an examination room or space for the purpose of conducting a sexual assault forensic exam shall not exceed $350.00. The following agency guidelines need to be adhered to when making payments for sexual assault forensic examinations:

[1.](1) A sexual assault forensic examination shall be reported by the health care provider who performs the examination to law enforcement.

[2.](2) Victims shall not be charged for sexual assault forensic examinations.

[3.](3) Victims shall not be required to participate in the criminal justice system or cooperate with law enforcement or prosecuting attorneys as a condition of being provided a sexual assault forensic examination or as a condition of payment being made pursuant to this rule.

[4.](4) The agency may reimburse any licensed health care facility that provides services for sexual assault forensic examinations.

[5.](5) The agency may reimburse licensed medical personnel trained to gather evidence of sexual assaults who perform sexual assault forensic examinations.

[6. CVR](6) The office may pay for the collection of evidence and not attempt to prove or disprove the allegation of sexual assault.

[7.](7) A request for reimbursement shall include the law enforcement case number or be signed by a law enforcement officer, victim/witness coordinator or medical provider.

[8.](8) The application or billing for the sexual assault forensic examination must be submitted to [CVR]the office within one year of the examination.

[9.](9) The billing for the sexual assault forensic examination shall:

[a.](a) identify the victim by name, address, date of birth, Social Security number, telephone number, patient number;

[b.](b) indicate the claim is for a sexual assault forensic examination; and

[c.](c) itemize services and fees for services.

[10.](10) All collateral sources that are available for payment of the sexual assault forensic examination shall be considered before [Crime Victim Reparations Trust Fund monies are]money in the fund is used. Pursuant to Subsection 63M-7-513(5), the [Director]director may determine that reimbursement for a sexual assault forensic examination will not be reduced even though a claim could be recouped from a collateral source.

[11.](11) Evidence will be collected only with the permission of the victim or the legal guardian of the victim.

[12.](12) Restitution for the cost of the sexual assault forensic examination may be pursued by [CVR]the office.

[13.](13) Payment for sexual assault forensic examinations shall be considered for the following:

[a.](a) Fees for the collection of evidence, for forensic documentation only, to include:

[i.](i) history;

[ii.](ii) physical; and

[iii.](iii) collection of specimens and wet mount for sperm.

[b.](b) Emergency department services to include:

[i.](i) emergency room, clinic room or office room fee;

[ii.](ii) cultures for gonorrhea, chlamydia, trichomonas, and tests for other sexually transmitted disease;

[iii.](iii) serum blood test for pregnancy;

[iv.] (iv) morning after pill or high dose oral contraceptives for the prevention of pregnancy; and

[v.](v) treatment for the prevention of sexually transmitted disease up to four weeks.

[14.](14) The victim of a sexual assault that is requesting payment by [CVR]the Office for services needed or rendered beyond the sexual assault forensic examination needs to submit an application for compensation to the [CVR ]office.

 

R270-1-[23]24 . Loss of Support Awards.

[A.](1) Pursuant to Subsection 63M-7-511(4)(g), loss of support awards shall be covered on death claims only.

[B.](2) Except as provided in [Subsection (C)]R270-1-24(3), loss of support awards are available only to minor children of the deceased victim. Payment of the award may be made to the parent or guardian of the minor child on behalf of the minor child.

[C.](3) The [Crime Victim Reparations and Assistance Board]board may approve loss of support awards to persons who are not minor children, but were physically and financially dependent on the deceased victim.

 

[R270-1-25. Secondary Victim.

Secondary victims who are not primary victims pursuant to Subsections 63M-7-502(33) and who are traumatically affected by criminally injurious conduct shall be eligible for compensation as prescribed by the CVRA Board. Secondary victims include only immediate family members (spouse, father, mother, stepparents, grandparents, child, brother, sister, stepchild, stepbrother, stepsister, or legal guardian) or other persons who the Reparation Officer reasonably determines bears an equally significant relationship to the primary victim.]

 

R270-1-[26]25 . Victim Services.

[A.](1) Pursuant to Subsection 63M-7-506(1)(i), [there is established a Victim Services Grant Program]the board may authorize the program when there is a surplus of money in the fund in addition to what is necessary to pay reparation awards and associated administrative costs for the upcoming year.

[B. For purposes of Subsection 63M-7-506(1)(i), "sufficient reserve" means enough funds to sustain the operation of the Crime Victim Reparations program, including administrative costs and reparations payments, for one year.

C. The CVRA Board shall annually determine whether a sufficient reserve exists in the Crime Victim Reparation Fund. If a sufficient reserve does not exist, the CVRA Board shall not authorize the Victim Services Grant Program for that year. If a sufficient reserve does exist, the CVRA Board may authorize the Victim Services Grant Program for that year.

D.](2) When the [Victim Services Grant Program]program is authorized, the [CVRA Board]board:

[1.](a) shall determine the amount available for the [Victim Services Grant Program]program for that year;

[2.](b) shall announce the availability of [grant]program funds through a request for proposals or other similar competitive process approved by the [Board]board; and

[3.](c) may establish funding priorities and shall include any priorities in the announcement of [grant ]funds.

[E.](3) Requests for funding shall be submitted on a form approved by the [CVRA Board]board.

[F.](4) The [CVRA Board]board shall establish a process to review requests for funding and shall make final decisions regarding the approval, modification, or denial of requests for funding. The [CVRA Board]board may award less than the amount determined in [Subsection (D)(1)]R270-1-25(C)(2)(a). The decisions of the [CVRA Board]board may not be appealed.

[G.](5) [All awards shall be for a period of not more than one year. ]An award by the [CVRA Board]board shall not constitute a commitment for funding in future years. The [CVRA Board]board may limit funding for ongoing projects.

[H.](6) Award recipients shall submit quarterly reports to the [Crime Victim Reparations and Assistance Board]board on forms established by the [Director]director. The [CVR]office staff shall monitor all victim services grants and provide regular reports to the [CVRA Board]board.

 

R270-1-[27]26 . Nontraditional Cultural Services.

Cultural services rendered in accordance with recognized spiritual or religious methods of healing, legally available in the state of Utah, may be considered for payment. Since a reasonable and customary schedule of charges has not been established, the reparation officer may require the following: a written itemized description of each procedure, function and/or activity performed and an explanation of its benefit to the victim; the location and time involved to perform such services; and a summary of qualifications and experience which allows the service provider to perform the services. Services shall be requested in lieu of traditional treatment methods. Awards shall be deducted from the claimant's outpatient mental health award and shall remain within the allowed limits set upon that benefit. The fund will not pay for intoxicating or psychotropic substances unless prescribed by a medical practitioner licensed to do so. Claim will be denied if no healing benefit can be identified.

 

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.]Title 63M, Chapter 7, Part 5