Current through Register Vol. 49, No. 2, February 2024
Rule No. 11
GARNISHMENT AND ASSIGNMENT OF AWARD SECRETARY Of STATE.
1. An award shall not be subject to
execution, attachment, garnishment or other process, except that an award tot
allowable expense shall not he exempt from a claim of a creditor to the extent
such creditor has provided products, services or accommodations, the costs of
which are included in the award.
2.
An assignment by the claimant to any future award is unenforceable, except:
a. For work loss to assure payment of
court-ordered alimony, maintenance or child support; or
b. For allowable expense to the extent that
the benefits are for the cost of products, services or accommodations
necessitated by the injury or death.
Rule No. 12
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, medical
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, appropriate itemized documentation and police
offense report attached, signed and received by the Board 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) this 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
3. The staff of the board shall log the
application as being received and begin a thorough review and verification
process.
4. 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.
5. 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.
6. The administrative staff shall have the
authority to review and decide the following claims:
(a) claims for compensation of $2,500 or
less,
(b) claims for funeral
expenses of $2,500 or less
7. Claims that the administrative staff has
reason to believe should be denied for the following reasons:
(A) The claim is not filed with the Board
within one year after the injury or death upon which the claim is based, unless
"good cause" for not having done so can be established.
(1) Good cause shall include, but not be
limited to:
(a) the physical incapacity of a
victim
(b) the mental incompetence
of a victim
(c) the age of the
victim
(d) the injury was not
reasonably discoverable
(e)
restitution or other collateral source was regularly being paid and then
terminated
(f) postal service
delays which are verifiable
(B) The claimant/victim was an offender or an
accomplice of the offender. Claimant/victim shall not have been engaged in an
illegal activity during his/her victimization.
If claimant/victim contributed or was offender - compensation
shall not be awarded to a claimant/victim who was the offender or an accomplice
of 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 Rule Number 20 Eligibility Requirements and
Application Review Procedures for Medical/Legal Sexual Assault Evidence
Collection Examinations
DEFINITIONS
"Victim" means any person who has been a victim of any sexual
assault or incest.
"Appropriate emergency medical-legal examinations" means health
care delivered to out-patients with emphasis on the collection of evidence for
the purpose of prosecution and shall include, but not be limited to:
1. appropriate stains and cultures to
determine the presence or absence of venereal disease
2. components contained in an evidence
collection kit for sexual assault examinations deemed appropriate by the
Serology Division of the State Crime Laboratory
3. evidence collection shall not include
treatment of emotional trauma or ambulance services
"Medical facility" means any health care provider that is
currently licensed by the Department of Health and providing emergency
services, and all publicly owned or tax-supported medical facilities in
Arkansas.
PROCEDURES GOVERNING MEDICAL TREATMENT ADULT VICTIMS
1. All medical facilities in Arkansas shall
adhere to the procedures set forth below in the event that a person presents
himself or is presented at the medical facility for treatment as a victim of
rape, attempted rape, any other type of sexual assault, or incest.
2. Any adult victim presented for medical
treatment shall make the decision of whether or not the incident will be
reported to a law enforcement agency.
a. No
medical facility may require an adult victim to report the incident in order to
receive medical treatment
b. The
victim shall be examined and treated as a regular emergency room patient, and
any injuries requiring medical attention will be treated in the standard
manner.
c. Evidence will be
collected only with the permission of the victim. However, permission shall not
be required in instances where the victim is unconscious, mentally incapable of
consent or intoxicated.
3. Should an adult victim wish to report the
incident to a law enforcement agency, the appropriate law enforcement agencies
shall be contacted by the medical facility,
a. The victim shall be examined and treated
as a regular emergency room patient, any injuries requiring medical attention
will be treated in the standard manner and a medical-legal examination shall be
conducted and specimens shall be collected for evidence.
b. The evidence shall be turned over to the
law enforcement officers when they arrive to assume responsibility for
investigation of the incident.
4. The victim shall not be transferred to
another medical facility unless:
a. The
victim requests to be transferred or
b. A physician or other qualified medical
personnel when a physician is not available has signed a certification that the
benefits to the patient's health would outweigh the risks to the patient's
health as a result of the transfer and
c. The transferring hospital provides all
necessary medical records and insures that appropriate transportation is
available.
PROCEDURES GOVERNING MEDICAL TREATMENT VICTIMS UNDER THE AGE OF
EIGHTEEN (18)
1. All medical
facilities in Arkansas shall adhere to the procedures set forth below in the
event that a person presents himself/herself or is presented at the medical
facility for treatment as a victim of rape, attempted rape, any other type of
sexual assault, or incest.
2. The
reporting medical facility shall report the injuries of the victim under
eighteen (18) years of age immediately by telephone and shall then follow up
with a written report within forty-eight (48) hours if so requested by the
receiving agency. The receiving agency shall immediately prepare and forward a
written report to the statewide central registry within twenty-four (24) hours.
The Department of Human Services shall notify and initiate an investigation in
cooperation with law enforcement agencies and the prosecuting attorney.
a. Any victim under the age of eighteen (18)
years of age shall be examined and treated as a regular emergency room patient
and any injury requiring medical attention will be treated in the standard
manner.
b. A medical-legal
examination shall be performed and specimens shall be collected for
evidence.
c. The evidence shall be
turned over to the law enforcement officers when they arrive to assume
responsibility for investigation of the incident.
d. Reimbursement for the medical-legal
examinations shall be available to the medical facilities.
e. The victim shall not be transferred to
another medical facility unless;
aa. The
victim requests to be transferred or
bb. A physician or other qualified medical
personnel when a physician is not available has signed a certification that the
benefits to the patient's health would outweigh the risks to the patient's
health as a result of the transfer and
cc. The transferring hospital provides all
necessary medical records and insures that appropriate transportation is
available.
EXAMINATIONS AND TREATMENT -- PAYMENTS UNIVERSITY OF ARKANSAS
MEDICAL SCIENCE CAMPUS
1. All
University of Arkansas Medical Sciences Campus shall provide prompt/
appropriate emergency medical-legal examinations for sexual assault
victims.
2. All victims seeking
treatment shall be exempted from the payment of expenses incurred as a result
of the treatment provided the following conditions are met:
a. The assault must be reported to a law
enforcement agency and
b. The
victim must seek treatment within forty-eight (48) hours of the
attack.
c. In the event the victim
is a minor, the forty-eight (48) hour time limitation may be waived, if, in the
opinion of the examining physician, evidence of sexual activity could be found.
REIMBURSEMENT OF ALL MEDICAL FACILITIES
1. The Arkansas Crime Victims Reparations
Board may reimburse any medical facility for reasonable cost of emergency
medical examinations for sexual assault victims. The Board may mandate cost
ceilings for claims and determine reasonable cost.
2. Medical facilities must be currently
licensed by the Department of Health and providing emergency
services.
3. All publicly owned or
tax-supported medical facilities in Arkansas shall adhere to the following
procedures in the event that a person presents himself/herself or is presented
at the medical facility for treatment as a victim of rape, attempted rape, any
other type of sexual assault or incest:
a. Any
adult victim presented for medical treatment shall make the decision of whether
or not the incident will be reported to a law enforcement agency,
b. No medical facility may require an adult
victim to report the incident in order to receive medical treatment,
4. The victim must seek treatment
within forty-eight (48) hours of the attack.
a. In the event the victim is a minor, the
forty-eight (48) hour time limitation may be waived, if, in the opinion of the
examining physician, evidence of sexual activity could be found,
5. The victim shall not be
transferred to another medical facility unless:
a. The victim requests to be transferred
or
b. A physician or other
qualified medical personnel when a physician is not available has signed a
certification that the benefits to the patient's health would outweigh the
risks to the patient's health as a result of the transfer and
c. The transferring hospital provides all
necessary medical records and insures that appropriate transportation is
available.
6. Medical
facilities are responsible for fulfillment of the following procedures since
reimbursement is made directly to them:
a.
Claims will be paid only if submitted on Arkansas Crime Victims Reparation
Board Sexual Assault Reimbursement Forms which must include:
1. Victims name, date of birth and
address
2. Date and time of
incident
3. Date and time of
treatment by medical facility
4.
Name and address of law enforcement agency notified
5. Name and address of medical
facility
6. Medical facility
contact person and telephone
7.
number
8. Brief description of
examination, treatment and tests
9.
Signed verification from the physician
10. Signed verification from law enforcement
or victim witness coordinator or verified victim advocate
11. All itemized copies of medical bills
complete with current procedural terminology (CPT) codes.
7. The medical facility must send
the reimbursement form with the attached itemized bills to the Arkansas Crime
Victims Reparations Board.
8. The
Board shall make payments for the following sexual assault - medical-legal
examination services:
a. Physician's fee
History
Physical
Collection of specimens
Treatment for the prevention of venereal disease
b. Emergency department
Emergency room, clinic room or office room fee Pelvic tray
c. Laboratory
Wet mount for sperm
Fixed smear for sperm (pap)
Blood test for VDRL
Blood testing for syphilis and Hepatitis B
HIV test
Cultures for gonorrhea, chlamydia, trichomon as and other
sexually transmitted disease (STD)
d. Pregnancy testing (blood test or
urinalysis if indicated)
e. Other
laboratory test that are required for the purpose of evidentiary
examination
f. Medications
Prophylaxis
One dose sedative, antidepressant or tranquilizer
9. The Administrator of
the Arkansas Crime Victims Reparations Board will then approve the
reimbursement for reasonable and customary costs related to the collection of
evidence and immediate emergency medical treatment (medical - legal
examination). The payment of the said fees will be based on past practices and
costs (average of fiscal year 1991, 1992 and 1993); however excessive fees
which are denied may be appealed by the medical provider in writing to the
Arkansas Crime Victims Reparations Board. An annual review of said fees will be
conducted by the Administrator of the Arkansas Crime Victims Reparations
Board.
10. 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. The
provider of medical services to whom the award is made will be notified that by
accepting the approved payment, they are agreeing not to commence civil actions
against the victim or his/her legal representative to recover any balance due
under the bill.
11. The victim is
not responsible for the payment of the cost of the medical - legal examination.
A medical facility shall not submit any remaining balance after reimbursement
by this Board to the victim.
12.
Victims may be eligible for crime victim compensation through the Crime Victims
Reparations Board for medical care that was not part of the sexual assault
-medical - legal examination. Medical care may include: x-rays, stitches,
hospitalization, pain medication and counseling that may be needed as a direct
result of the sexual assault victimization. A crime victim compensation form
must be completed for compensation to be reimbursed for medical care. The form
must be accompanied by a police offense report and medical
bills.