Current through Register Vol. 49, No. 9, September, 2024
Rule No.1.1
TITLE AND OPERATIVE DATE OF THE ACT
The title of the Act under which these rules are being
promulgated is known as the Arkansas Crime Victims Reparations Act, hereinafter
referred to as the "Act" and Arkansas Code Annotated 8
12-12-404.
Rule No.1.2
MEMBERSHIP AND OFFICERS OF THE BOARD
The Board shall consist of five (5) members appointed by the
Governor to serve four (4) year terms and until the successor is appointed and
qualified. At least two (2) members of the Board shall be persons admitted to
practice law in this state. At least one (1) member of the board shall be:
(A) a victim of criminally injurious
conduct;
(B) the next of kin of a
homicide victim, or
(C) an
individual experienced in providing victim assistance services. Of the first
members appointed, two (2) shall be appointed for a term of two (2) years, two
(2) shall be appointed for a term of three (3) years, and one (1) shall be
appointed for a term of four (4) years. Vacancies shall be filled in the same
manner.
Rule No.1.3
PURPOSE OF THE BOARD
The purpose of the Board shall be to hear and decide all
matters relating to Crime Victims Reparations applications. The Board shall
have the authority to award compensation to victims of crime for economic loss
arising from criminally injurious conduct if satisfied by a preponderance of
the evidence that the requirements for compensation have been met.
Rule No.1.4
POWERS AND DUTIES OF THE BOARD
The Board shall have the power:
1. To hear and determine all matters relating
to applications filed with the Arkansas Crime Victim Reparations Board for
compensation, including the power to re-investigate or reopen claims without
regard to the statutes of limitations.
2. The Board, or the Administrator, on behalf
of the Board, may subpoena witnesses, compel their attendance, enter orders,
require the production of records and other evidence, administer oaths or
affirmations, conduct hearings and receive relevant evidence. The Board shall
be considered in continuous session for the purposes stated above.
3. To regulate its own procedures except as
otherwise provided in the Act.
4.
To adopt rules to implement the provisions of the Act.
5. To define any term not defined in the
Act.
6. To prescribe forms
necessary to carry out the purposes of the Act.
7. To request access to any reports of
investigations or other data necessary to assist the Board in making a
determination of eligibility for compensation.
8. To publicize the availability of
compensation and information regarding the filing of claims
therefore.
9. To order the claimant
to submit to a mental or physical examination or order the autopsy of a
deceased victim if the results would be material to a claim.
10. To require the claimant to supply any
additional medical or psychological reports available relating to the injury or
death for which compensation is claimed.
11. To deny, withdraw or reduce an award of
compensation upon finding that the claimant did not fully cooperate with the
appropriate law enforcement agencies.
12. To reconsider a decision granting or
denying a compensation award, based on its own motion or on request of the
claimant.
13. To suspend the
application for compensation proceedings pending disposition of a criminal
prosecution that has been commenced or is imminent, but the Board may make a
tentative award.
14. To join in a
civil action as a part plaintiff to recover the compensation awarded if the
claimant brings such action.
15.
The Board shall be provided such office, supplies, staff and secretarial
services as necessary by the Department of Public Safety.
16. All necessary and reasonable expenses of
the Board shall be paid for from the Crime Victims Reparations Revolving
Fund.
17. The Board shall have the
duty of preparing and transmitting an annual report to the Governor
18. To Reimburse any medical facility or
licensed healthcare provider for the reasonable cost of providing medical-legal
examinations to victims of sexual assault as outlined in Arkansas Code
Annotated 12-12-40 et seq.
Rule
No.1.5
MEETINGS OF THE BOARD
1. The Board shall meet on the third Thursday
of January, March, May, July, September, and November - six (6) times each
year, or at the call of the Chairperson, at 9:30 a.m. to hear appeal
claims.
2. The Chairperson shall
serve as presiding officer at all official meetings of the Board. In the
absence of the Chairperson, the remaining Board members present at the meeting
may designate a president officer for that meeting.
3. The Chairperson shall have the authority
to vote on all matters coming before the Board.
4. A majority of the Board shall constitute a
quorum at hearings on appeal claims. The concurrence of two (2) members of the
commission shall be necessary to determine the outcome of a claim. The Board
may act in a panel of three (3) with proxies or consent decrees being
permitted.
5. In the event of a tie
vote the matter or matters shall be continued to the next meeting.
6. The order of business at any meeting of
the Board shall follow the agenda prepared in advanced of the meeting. Such
other matters may be brought before the Board as shall be requested by any
member in writing and presented to the Chairperson.
7. Administrative staff shall be responsible
for preparation of minutes for each Board meeting.
8. Roberts Rules of Order, Revised, shall
govern all meetings of this Board.
Rule No.1.6
BOARD STAFF
The Administrator of the Board shall be the Chief Executive
Officer of the Board staff. He/she shall be hired by the Secretary of the
Department of Public Safety with the advice and consent of the Board. He/she
shall be responsible for the administration of the rules, policies and
procedures promulgated by the Board, pursuant to the Administrative Procedure
Act, and within such restraints as mandated by statute.
The Administrator shall also be responsible for employment,
supervision, evaluation and termination of Board employees and shall delegate
appropriate powers and duties to them, subject to the advice and/or consent of
the Secretary and the Board.
Rule
No.1.7
AMENDMENT TO RULES
Any modification or amendment to the Rules of the Board shall
be made pursuant to the procedure as outlined in the Arkansas Administrative
Procedure Act.
Rule No.1.8
CONFLICT OF INTEREST
No member of the Board shall use such appointment for purposes
which are motivated by private gain, including gain for providers, claimants,
or victims with which the board member is associated within any capacity. There
shall exist a conflict of interest when a provider, claimant, or victim with
whom the board member is associated with appears before the board in the course
of business of the board.
When such a conflict arises for a member, the individual member
should declare the conflict. Additionally, any member of the Board who
questions whether or not another member has a conflict of interest in the
matter under discussion may ask for a determination by the Board. If the Board
finds that a conflict exists, the affected member shall also follow the
aforementioned procedure.
Any member of the Board who declares a conflict of interest, or
who is found to have a conflict, should neither participate in debate nor vote
on the issue in question.
A conflict of interest shall exist among members of the
administrative staff in any case where a member of the Department of Public
Safety's staff or a person related, whether by blood, adoption, or marriage
within the second degree of consanguinity to a member of the Department of
Public Safety's staff is the claimant or victim on a claim for
compensation.
Additionally, the administrator of the Board and the staff
attorney may determine that a conflict of interest exists on claims where one
or more members of the administrative staff know the claimant or victim.
Administrative staff members shall immediately notify the
administrator when another member of the Department of Public Safety's staff or
someone whom they believe is known by one or more members of the administrative
staff has filed a claim.
In the event that a conflict arises or exists among all members
of the administrative staff, the administrative staff may gather necessary
information and present the application and attachments to the Board, but shall
not participate in the debate, nor vote on the claim in question.
The administrative staff shall also immediately notify the
administrator when such staff members knows the victim or claimant on a
particular claim.
If only one staff member is determined to have a conflict, then
that staff member shall not participate in the debate, nor vote on the claim in
question. If that staff member has been assigned to investigate the claim, then
the administrator shall immediately re-assign the claim to another
investigator.
Rule No.2.1
DEFINITIONS
1.
BOARD - Means the Arkansas
Crime Victims Reparations Board, hereinafter referred to as the
Board.
2.
CLAIMANT -
Means any of the following persons applying for reparations under this act:
a. a victim,
b. dependent of a victim who has died because
of criminally injurious conduct, or
c. a person authorized to act on behalf of
any of the persons listed above.
The term shall not include a service provider.
3.
VICTIM -
Means a person who suffers personal injury or death as a result of criminally
injurious conduct committed within the state of Arkansas. The term further
includes any Arkansas resident who suffers personal injury as the result of
criminally injurious conduct which occurs in states presently not having crime
victims reparations programs for which the victim is eligible and any Arkansas
resident who is injured or killed by an act of terrorism committed outside of
the United States as defined in § 2331, Title 18, United States Code.
The term "victim" shall include a person who:
(A) is an immediate family member of a
deceased victim, a victim of sexual assault, or a child victim;
(B) is not an immediate family member, but
resided, at the time of the crime, in the same permanent household as a
deceased victim;
(C) discovered the
body of a victim who dies as the result of criminally injurious
conduct.
(D) is the minor child,
whether by blood, adoption, or marriage, of an eligible victim.
4.
DEPENDENT - Means
a natural person wholly or partially dependent upon the victim for care or
support, and includes a child of a victim born after the death of the victim
where the death occurred as a result of criminally injurious conduct.
5.
IMMEDIATE FAMILY - Means a
person's spouse, children, parents or guardian, siblings, and grandparents
whether related by blood, adoption, or marriage.
6.
CRIMINALLY INJURIOUS CONDUCT
- Means an act which occurs or is attempted in this state that results in
personal injury or death to a victim which is punishable by fine, imprisonment
or death. This term shall include acts of terrorism committed outside of the
United States as defined in §2331, Title 18, United States Code, against
any Arkansas resident. This term shall not include acts arising out of the
operation of motor vehicles, boats or aircraft unless the acts involve any of
the following:
(A) Injury or death
intentionally inflicted through the use of a motor vehicle, boat, or
aircraft;
(B) A violation of the
Omnibus DWI Act, A.C.A.§
5-65-101
et. seq;
(C) A violation of A.C.A.
§
27-53-101
(Leaving the scene of an accident involving serious injury or death).
7.
PERSONAL INJURY -
Means actual bodily harm, including pregnancy or mental anguish, which is the
direct result of a violent criminal act.
8.
ECONOMIC LOSS - Means
monetary detriment consisting of allowable expense, and work loss, but shall
not include non-economic detriment.
9.
ALLOWABLE EXPENSE - Means
charge incurred for needed products, services and accommodations, including,
but not limited to medical care, rehabilitation, rehabilitative occupational
training, crime scene cleanup, and other remedial treatment and care. It also
includes a total charge not in excess of Seven Thousand Five Hundred Dollars
($7,500) for expenses related to funeral, cremation or burial. Such term shall
also include the cost of legal services for the establishment of guardianship
for minor children pursuant to Arkansas Crime Victims Reparations Board
Rules.
10.
WORK LOSS -
Means loss of income from work the victim or claimant would have performed in
their regular course of employment if the victim had not been injured or died,
reduced by any income from substitute work actually performed by the victim or
claimant or by income the victim or claimant would have earned in available
appropriate substitute work that he or she was capable of performing but
unreasonably failed to undertake. Individuals filing claims must provide clear
and convincing evidence of employment including but not limited to pay stubs,
tax returns or certified documentation from employer.
11.
NON-ECONOMIC DETRIMENT -
Means pain, suffering, inconvenience, physical impairment and non-pecuniary
damage.
12.
COLLATERAL
SOURCE - Means a source of benefits or advantages for economic loss
which the claimant has received, or which is readily available to the claimant
including but not limited to any one or more of the following:
(a) the offender,
(b) the government of the United States or
any agency thereof, in the form of benefits, such as Social Security, Medicare,
and Medicaid, or a state or any of its political subdivisions,
(c) state required temporary non-occupational
disability insurance,
(d) workers'
compensation,
(e) wage continuation
programs of any employer,
(f)
proceeds of a contract of insurance payable to the claimant for loss which the
victim sustained because of the criminally injurious conduct, or
(g) a contract providing prepaid hospital and
other health care service or benefits for disability.
13.
CATASTROPHIC - Means
injuries involving a sustained loss of function, including but not limited to
any of the following conditions: mangling, crushing, or amputation of a major
portion of an extremity; traumatic injury to the spinal cord that has caused or
may cause paralysis; severe bums that require bum center care; or serious head
injury, loss of vision, or loss of hearing.
14.
TOTAL AND PERMANENT
DISABILITY - Means an impairment based upon demonstrable medical
evidence, which restricts the victim from performing the usual tasks of a
worker to such an extent that the victim cannot maintain employment.
Rule No.2.2
TYPES OF COMPENSATION AVAILABLE
For victims, as defined by A.C.A. §
16-90-703(2),
compensation is available for the following types of expenses:
Economic loss sustained by the victim or a dependent arising
from the criminally injurious conduct of another. Future economic loss is also
compensable but may be reduced or discontinued if the recipient's circumstances
change.
For victims, as defined by A.C.A. §
16-90-703(2),
compensation is available for the following types of expenses:
Mental health expenses incurred as a result of the criminally
injurious conduct of another.
Awards for mental health expenses, for any victim, shall be
made in accordance with guidelines established by a committee of mental health
professionals appointed by the Arkansas Crime Victims Reparations Board.
Rule No.2.3
ELIGIBILITY CRITERIA FOR COMPENSATION
1. The criminally injurious conduct leading
to the filing of the reparations claim must have occurred in Arkansas or must
have occurred to a resident of Arkansas in a state without a reparations
program for which the victim is eligible or to a resident of Arkansas who is
injured or killed by an act of terrorism committed outside of the United States
as defined in § 2331, Title 18, United States Code.
2. The incident must have occurred on or
after July 1, 1988,
3. The incident
must have been reported to the proper authorities within 72 hours or would have
been reported within the period of time except for good cause.
(A) Good cause shall include, but not be
limited to:
(1) the physical incapacity of a
victim,
(2) the mental incompetence
of a victim,
(3) the age of the
victim,
(4) the injury was not
reasonably discoverable.
4. The application for compensation must be
filed within one (1) year of the incident, unless the Board finds good cause
for failure to file a timely claim.
(A) Good
cause shall include, but not be limited to:
(1) the physical incapacity of a
victim,
(2) the mental incompetence
of a victim,
(3) the age of the
victim,
(4) the injury was not
reasonably discoverable,
(5)
restitution or other collateral source was regularly being paid and then
terminated,
(6) postal service
delays which are verifiable.
5. The victim must have suffered personal
injury or death as a result of the criminal act of another.
6. The claimant and/or victim must to the
extent able, have cooperated with law enforcement officials during their
investigation.
The following issues may be considered when determining
cooperation:
1. Failure to cooperate in
the prosecution of the defendant or to appear as a witness.
2. Not cooperating initially but later
deciding to cooperate and the delay allows the defendant to escape
prosecution.
3. Not cooperating
initially but later deciding to cooperate without any good cause as to the
delay.
4. Causing extra or
unnecessary effort on the part of law enforcement to gain
prosecution.
5. Reluctantly
providing information pertaining to the crime; failing to appear when
requested, without good cause; giving false or misleading information; or
attempting to avoid law enforcement.
6. Failing to prosecute or cooperate with law
enforcement because of fear for his/her personal safety.
7. Failing to give testimony or otherwise
cooperate with the prosecutor's office.
8. Failing to cooperate with Arkansas Crime
Victims Reparations Board administrative staff by not returning requested
information, not returning telephone calls, not providing accurate information,
etc.
7. The net amount of
compensation requested in the application must not have been paid by another
source.
8. The claimant and/or
victim was not the offender or an accomplice of the offender. Claimant/victim
may be denied if he/she has been engaged in an illegal activity during his/her
victimization.
Illegal activity may consist of any of the following but is not
limited to:
(a) victim was buying
drugs;
(b) victim was using
drugs;
(c) victim was a minor and
drinking alcohol;
(d) victim was in
an illegal place of business, such as a crackhouse, house of prostitution, or
gambling establishment.
If claimant/victim contributed or was offender - compensation
shall not be awarded to a claimant/victim who was the offender or an accomplice
to the offender or who encouraged or in any way participated in the criminally
injurious conduct. Compensation may be diminished to the extent or the degree
of responsibility for the cause of the injury or death attributable to the
victim, as determined by the Board.
In determining the amount of an award, the Arkansas Crime
Victims Reparations Board shall determine whether, because of his conduct, the
victim of such crime or the intervenor contributed to the infliction of his
injury or to his death, and the Board shall reduce the amount of the award or
reject the claim altogether, in accordance with such determination.
Contribution is determined by the action portrayed by the
victim at the time of or immediately preceding the crime. While there is no set
formula for calculating the percentage of contribution to be assessed, the
following factors should serve as a guideline:
(1) If it appears that the victim was
provoked by the defendant in a manner threatening bodily harm to the victim,
and the victim acted in self defense, no contribution should be
assessed.
(2) If it appears that
the victim was provoked by the defendant in a manner where bodily harm to the
victim appeared unlikely, and the victim used poor judgment because of
intoxication or other drug involvement, a 25% contribution factor should be
assessed.
(3) If it appears that
the defendant was provoked by the victim in a manner where bodily harm appeared
unlikely, a 50% contribution factor should be assessed.
(4) If the victim is injured as a result of
his conduct not being that of a prudent person, a 50% contribution factor
should be assessed.
(5) If it
appears that the defendant was provoked by the victim in a manner where bodily
harm to the defendant appears intentional, a 75% contribution factor should be
assessed.
(6) If it appears that
the defendant was provoked by the victim in a manner where bodily harm to the
defendant is unquestionable, a 100% contribution factor should be assessed and
the claim denied.
(7) If the victim
is not wearing protective equipment as prescribed by law, a 25% contribution
factor shall be assessed. This includes helmets, seat belts, etc.
(8) If the victim was involved in drugs as
verified by the police report or other official documents, a 100% contribution
factor should be assessed and the claim denied.
9. The injury or death must not have been the
result of negligent maintenance or use of a motor vehicle unless the acts are
committed with the intent to inflict injury or death or unless the acts
committed were in violation of the Omnibus DWI Act, A.C.A. §
5-65-101
et. seq. or A.C.A. §
27-53-101
(Leaving the scene of an accident involving serious injury or death.)
10. Claimant/victim has not been convicted of
a felony involving criminally injurious conduct.
11. Awards shall not be made to a victim who
is injured or killed while confined in state, county, or municipal jail, prison
or other correctional facility as a result of conviction of any
crime.
12. The award would unjustly
benefit the offender or accomplice except as permitted by the Arkansas Crime
Victims Reparations Rules.
13. In
those cases where the victim has died, the claimant will be considered to have
no compensable loss for the expenses incurred by the victim as a result of the
criminally injurious conduct if the claimant has no legal obligation to pay for
these expenses.
Rule
No.2.4
UNJUST ENRICHMENT
1. No portion of a compensation award shall
unjustly benefit the offender or accomplice. However, no award shall be denied
solely on the basis of the victim's familial relationship to the offender or
the presence of the offender in the household at the time of the
award.
2. In determining whether or
not an award would unjustly benefit the offender, the following factors should
be considered:
a. The legal responsibilities
of the offender to the victim and collateral resources available to the victim
from the offender. Victims of family violence must not be penalized when
collateral sources of payment are not viable.
b. Payments to victims of family violence
that only minimally or inconsequentially benefit the offender.
c. The special needs of child witnesses to
violence and child victims of criminal violence, especially when the
perpetrator is a parent who may or may not live in the same
residence.
3. Collateral
resources available to the victim from the offender shall be considered when
awarding a claim, however, the victim shall not be penalized for the failure of
an offender to meet legal obligations to pay for the costs of the victim's
recovery.
4. Payments to
third-party providers shall be made to prevent cash intended for the victim's
bills to be used by or on behalf of the offender.
5. The Board shall not penalize child victims
by denying or delaying payment when offender or collateral resources are not
forthcoming.
Rule No.2.5
MAXIMUM COMPENSATION AMOUNTS AND METHODS OF
PAYMENTS
1. Compensation
payable to a victim or claimant incurring expenses due to injury or death may
not exceed a total of Ten Thousand Dollars ($10,000.00). However, for those
victims whose injuries are catastrophic and result in a total and permanent
disability, the maximum reparations amount shall not exceed $25,000.
'
2. Compensation for funeral
expenses of deceased victims may not exceed $7,500.
a. Collateral sources of income such as
burial policies, workers' compensation, etc. will be applied towards the total
cost of the victim's funeral.
b.
Life insurance may not be used as a collateral source when dependents of the
deceased victim remain and may benefit from the proceeds of this
policy.
c. Life insurance will be
utilized as a collateral source and be applied against funeral expenses in
those cases involving no surviving dependents.
3. The Board may provide for the payment to a
claimant in a lump sum or in installments.
4. The Board shall pay all or part of an
award directly to service providers unless evidence of prior payment for
services is submitted.
5. The Board
may also provide for payment of legal fees, not to exceed Two Hundred Fifty
Dollars ($250) - plus filing fees, of a guardianship when an award has been
made to a minor child pursuant to Arkansas Crime Victims Reparations Board
Rules. Legal services expenses shall not be deducted from the otherwise
compensable amount unless amount is over $10,000.
6. Upon request of the claimant, the Board
may convert future economic loss, other than allowable expense, to a lump sum,
but only upon a finding by the Board of either of the following:
a. That the award in a lump sum will promote
the interests of the claimant;
b.
That the present value of all future economic loss does not exceed One Thousand
Dollars ($1,000).
7. An
award payable in installments for future economic loss may be made only for a
period that the Board can reasonably determine future economic loss and may be
modified by the Board upon finding that a significant change in circumstances
has occurred.
8. Approved claims
will be paid in the order of their approval by the Board as funds become
available.
Rule No.2.6
APPLICATION REVIEW PROCEDURE
1. A victim, dependent of a victim, or person
legally acting in behalf of the victim, must first secure a copy of the
official Victims Reparations Application Form from their local prosecuting
attorney's office, law enforcement agency, victim/witness coordinator, service
provider or from the Board. Assistance in completing the form may be provided
by the victim/witness coordinator or the prosecuting attorney's staff in
districts that have no victim/witness coordinator. The Crime Victims
Reparations Board staff will also be available to assist in the completion of
the form.
2. A form must be
completed in its entirety, and accompanied with an itemized statement and
police offense report or other official documentation from the agency to which
the incident was reported.
3. A
victim must submit a Victims Reparations Application as a necessary (but not
sufficient) condition of directly receiving payment. The Board may directly
reimburse a medical-care provider for costs associated with a sexual-assault
testing kit, even in the absence of a victim's application. Such costs, which
include those associated with testing for sexually transmitted diseases, may be
reimbursed regardless of which fund or cost center is used to make the
reimbursement.
4. The staff of the
Board shall log the application as being received and begin a thorough review
and verification process.
5. The
Board and staff have the authority to conduct investigations and/or request any
additional information from the victim, the investigating law enforcement
agency, medical personnel and/or facilities, witnesses, employers and others as
may be deemed necessary for the proper review and verification of the
application.
6. The staff shall
make a thorough analysis of the application and attachments, then prepare staff
comments relative to the application which shall be filed in the application
folder along with supportive data that is pertinent to the
investigation.
7. The
administrative staff shall have the authority to review and decide crime victim
reparations claims up to the maximum allowable amount of Ten Thousand Dollars
($10,000) or Twenty-five Thousand Dollars ($25,000) for victims whose injuries
are catastrophic and result in a total and permanent disability.
8. The administrative staff of the Board
shall then make a decision regarding the claim. The claimant/victim shall be
mailed notification of the administrative decision within fifteen (15) calendar
days by mail. If the claim is denied the claimant/victim will be notified by
certified mail, return receipt requested.
9. The claimant shall have the right to
appeal decisions of the Board in the manner set forth in APPEALS
PROCEDURE.
Rule No.2.7
ADVANCE (EMERGENCY) AWARD OF COMPENSATION
The Board may make or authorize the Administrator to make an
advance (emergency) award of compensation to the claimant/victim prior to
taking action on an application and pending a final decision when it appears
the claim is one for which compensation is probable and undue hardship will
result to the claimant/victim if immediate payment is not made. The
claimant/victim may request in the application that consideration be given for
an advance award and provide justification for such award. A decision denying
emergency relief shall not be appealable.
The amount of such advance (emergency) award shall not exceed
Five Hundred Dollars ($500). Any advance award shall be deducted from the final
compensation made to the claimant/victim. If the final award amount is less
than the amount of the advance award, the claimant/victim must repay the excess
to the Board. If an emergency award is made and the claimant/victim later does
not follow through with prosecution or some other requirement of this program,
the claimant/victim will be required to reimburse the Board for the amount of
the award made.
Criteria for payment of emergency awards is listed
below:
a. Claimant/victim is without
an income at the time of application resulting in loss of food, heat or
shelter.
b. Claimant/victim cannot
receive emergency service (i.e. burial) without the emergency payment.
Documentation required:
a. Proof of financial emergency should be
obtained for the file such as notice of eviction from the landlord or a
shut-off notice from the power company.
b. If no proof is available, then the
investigator should note in file why he/she thinks the application is
considered an emergency.
c. There
must be contact with the investigating law enforcement officer to verify what
occurred, the victim's innocence and the victim's cooperation. A law
enforcement offense report and Crime Victims Reparations Board Law Enforcement
Form must be included in the file.
d. For wage loss claims, the employer may be
contacted by telephone but the written verification must follow to go in the
file. If self-employed applicant must provide a copy of his/her last three (3)
years tax return or check stubs for the last three (3) months as proof of
his/her income. If proof is not available, lost wages can not be
considered.
e. If the injury is not
commensurate with the time lost from work, a doctor's excuse will be
required.
f. Claimant/victim is
required to sign a promissory (demand) note which must be signed and executed
by the claimant/victim with the Administrator prior to receiving the emergency
award.
Rule No.2.8
APPEALS PROCEDURE
1. In the event an application for
compensation is approved in a modified form or denied, the administrative staff
of the Board shall notify the claimant/victim by certified mail, return receipt
requested, within fifteen (15) calendar days setting forth the basis of the
decision.
2. The claimant/victim
shall have the right to appeal and may do so by notifying the administrative
staff of the Board, in writing, by certified mail, return receipt requested, of
the intent to appeal within forty-five (45) calendar days of the date of the
notification letter setting forth the Board's decision.
3. The claimant/victim shall then be entitled
to a formal hearing before the Board. The hearing shall be held within ninety
(90) calendar days of the date of the notice from the claimant/victim stating
the intent to appeal.
4. The
claimant/victim or an authorized representative, in the event the
claimant/victim is incapacitated must be present at the appeal hearing. In an
appeals hearing, all parties shall be afforded an opportunity to appear and be
heard. A record of the proceedings shall be made and shall be transcribed upon
request of any party, who shall pay transcription costs unless otherwise
ordered by the Board.
5.
Notification of Board meetings shall be made in compliance with Arkansas Code
Annotated §
25-19-101 -
25-19-107
- the Arkansas Freedom of Information Act.
6. All agendas and supporting documentation
necessary shall be mailed to the Board ten (10) calendar days in advance of the
Board meeting.
7. The Board may,
without a hearing, settle a claim by stipulation, agreed settlement, consent
order or default.
8. The Board
shall render its decision relative to the appeal within ten (10) calendar days
of the formal hearing and the claimant/victim will be notified by
mail.
9. The claimant/victim, if
not successful in the appeal to the Board shall then have thirty (30) days from
the receipt of the decision to file a petition for judicial review pursuant to
Arkansas Code Annotated
25-15-212
in the circuit court of his/her county of residence or in Pulaski
County.
Rule No.2.9
CLAIMS OF INCOMPETENTS OF MINOR CHILDREN
Proof of the establishment of the guardianship may be required
by the Board prior to release of funds to the claimant. A certified copy of the
Order of Guardianship shall be sufficient proof.
Rule No.2.10
COST CEILING ON MEDICAL BILLS
In connection with claims for payment on medical bills, not
covered by insurance, made by victims, the Board will award up to 65% of
medical bills, not to exceed a total reimbursement of $10,000. However, for
those victims whose injuries are catastrophic and result in a total and
permanent disability, the total reimbursement shall not exceed $25,000.
The provider of medical services to whom the award is made will
be notified that by accepting the payment of 65% of their bill, they are
agreeing not to commence civil actions against the victim or his legal
representative to recover the balance due under the bill.
Acceptance of payment for services paid by the Arkansas Crime
Victims Reparations Board shall be considered payment in full and bars any
legal action for collection.
Rule
No.2.11
COST CEILING ON MENTAL HEALTH BILLS
1. In connection with claims for payment of
mental health services, not covered by insurance, incurred by victims, the
Board will pay a maximum of twenty-five Hundred Dollars ($2500) or provide for
six (6) months, whichever occurs first, provided the treatment plan is
submitted within thirty (30) days of the application to the Board for those
victims receiving ongoing therapy or within thirty (30) days of beginning
therapy for those victims who seek mental health treatment after making
application to the board. This treatment plan must state the basis for the
necessity of such treatment, the anticipated extent of the treatment, and the
relationship of the treatment to the crime perpetrated upon the victim and
whether or not the diagnosis is related to a pre-existing condition.
2. A mandatory review by the Board is
required after ninety (90) or twenty-five hundred dollars ($2500), whichever
occurs first, should the victim of the provider find that further services are
required.
a. The provider will be required to
submit a new treatment plan to justify the continued need for the treatment and
its continued relationship to the crime.
b. The Board may way the maximum upon a
justification of special need based upon documentation to be submitted by the
provider.
c. The Board also
reserves the right to have any mental health claims and treatment plans
reviewed by an independent peer review committee should it so desire.
Rule No.2.12
SUPPLEMENTAL AWARDS
If at the time of the application, the victim or claimant was
unable to submit all of the itemized bills, he/she may submit supplemental
bills to be considered after the original award. If a victim or claimant has
been awarded their original claim at a reduced amount due to contribution, then
the Board will note at the time of approval whether or not they will consider
any supplemental awards concerning this claim. If the Board determines that
supplemental awards will not be considered after the initial award, the Board
shall so note at the time of the initial award. Each case will be considered on
its own merits.
The total of the original award and any and all supplemental
awards may not exceed $10,000.
Supplemental awards may be paid quarterly.
Supplemental bills will be considered only if submitted within
one year of:
a. The date of treatment,
or
b. Notification of payment or
denial by a collateral source.
Rule
No.2.13
FINANCIAL OBLIGATION REQUIREMENT
Reparations shall not be awarded to any victim/claimant who
owes a financial obligation ordered or imposed as a result of a previous
criminal conviction until the board receives information or materials
establishing to the satisfaction of the board that the financial obligation has
been satisfied. If the board does not receive the information or materials
within six months after the board notifies the victim/claimant, the application
will be closed and the victim notified of their right to appeal.
Rule No.2.14
PENALTY FOR FALSE CLAIMS
The filing of a false claim for compensation pursuant to the
Arkansas Crime Victims Reparations Act shall constitute a Class D Felony. If a
victim or a claimant knowingly files a false claim or provides false
information or fails to provide material facts or circumstances necessary to
substantiate the claim, he/she may not at a later date, file a correct claim.
If this happens, the claim shall be denied.
Rule No.3.1
DEFINITIONS
1.
MEDICAL-LEGAL EXAMINATION -
Means health care delivered to a possible victim of a sexual assault, with an
emphasis on the gathering and preserving of evidence for the purpose of serving
criminal justice.
2.
LICENSED
HEALTH CARE PROVIDER - Means a person licensed in a healthcare field who
conducts medical-legal examinations or a medical facility that is currently
licensed by the Department of Health and providing emergency
services.
3.
VICTIM -
Means any person who has been a victim of any alleged sexual assault or incest
as defined by Arkansas Code Annotated §
5-14-101 et seq. and
§
5-26-202.
4.
BOARD - Means the Arkansas
Crime Victims Reparations Board, hereinafter referred to as the
Board.
5.
COLLATERAL
SOURCE - Means a source of benefits or advantages for economic loss,
including, but not limited to:
(a) The
government of the United States or any agency thereof, in the form of benefits
such as Social Security, Medicare, and Medicaid, or a state or any of its
political subdivisions;
(b)
Proceeds of a contract of insurance payable to the sexual-assault
victim;
(c) A contract providing
prepaid hospital and other health care services or benefits..
6.
SEXUAL ASSAULT -
Means an offense described in Arkansas Code Annotated §
5-14-101 et seq or
§
5-26-202.
Rule No.3.2
ELIGIBILITY CRITERIA FOR COMPENSATION
1. The victim received the medical-legal
examination within ninety-six (96) hours of the attack or would have received
the medical-legal examination within the required time except for good cause.
(A) Good cause includes, but is not limited
to:
(1) The physical incapacity of the
victim;
(2) The mental incompetence
of the victim;
(3) The age of the
victim; or
(4) The sexual assault
was not reasonably discoverable.
2. The billing for the medical-legal
examination is submitted to the Board within three (3) months of the
medical-legal examination, unless the Board finds good cause for failure to
timely submit.
(A) Good cause includes, but is
not limited to:
(1) Restitution or other
collateral source was terminated;
(2) Verifiable postal service
delays;
(3) Other good cause as
determined by the Board.
Rule No.3.3
COLLATERAL SOURCES
Medical-Legal Examination bills will be denied or diminished to
the extent that the expenses can be recuperated from a collateral
source.
Rule No.3.4
MAXIMUM PAYMENT AMOUNTS
1. Acceptance of payment by the medical
provider from the Board constitutes a full and final payment for the services.
Any remaining balances shall not be submitted to the victim
2. The Board may reimburse the following
expenses. The amount listed constitutes the maximum allowable reimbursement by
the Board.
|
Facility Fee |
$350 |
|
SANE Nurse Fee |
$350 |
|
Labs |
$200 |
|
Colposcope |
$160.88 |
