Current through Register Vol. 56, No. 18, September 16, 2024
(a) Subject to
the individual monetary caps established by the Office in this chapter,
compensation awarded to catastrophically injured crime victims shall not exceed
a supplemental amount of $ 35,000 in out-of-pocket aggregate expenses.
1. The award of compensation for catastrophic
injury related services shall be entered by the Office in addition to any award
of compensation for which a crime victim may be found eligible if the victim
had filed an application for non-catastrophic crime related injuries.
(b) The benefits and services
listed in this section shall be compensated solely for the benefit of
catastrophically injured crime victims.
(c) Compensation may be awarded to
catastrophically injured crime victims where it is determined that the
rehabilitative services are reasonable and medically necessary as evidenced by
written prescription for the service issued by a licensed provider of medical
services.
(d) Compensation for loss
of earnings, loss of support, property damage, living expenses such as food,
shelter, and clothing necessitated by the victim's medical condition, expenses
incurred for vocational training services and continuing education in
educational institutions, and pain and suffering are excluded.
(e) Services for which compensation may be
awarded include, but are not limited to, the following:
1. Surgical and therapeutic
procedures;
2. Rehabilitative
physical and occupational therapy designed to restore an optimum function
level, including chiropractic services;
3. Prescription and over-the-counter drugs
and medical supplies that are physician-authorized and Federal Drug
Administration-approved for injury or incapacity related to the crime that
formed the basis for the victim's application for compensation;
4. Cognitive and psychological
therapy;
5. Home health
assistance;
6. Vehicle
modifications upon submission of a medical prescription or other medical proof
indicating the need for such modifications.
i.
Reimbursement or compensation for the purchase or lease of a vehicle, insurance
payments, and replacement and repair of parts, service, and maintenance of the
vehicle and modification are excluded.
ii. Compensation for vehicle modification
shall be limited to the one vehicle that serves as the victim's principle
conveyance.
iii. The victim and/or
claimant shall maintain motor vehicle insurance including, but not limited to,
collision insurance in an amount that is sufficient to cover the cost of
replacement or repair of the vehicle modification features for which the Office
has previously awarded compensation;
7. Driver training;
8. Wheelchair, braces, splints, crutches,
walkers, shower, commode chair, and any other personal adaptive equipment
required to meet individual disability needs;
9. Structural modifications to living
environment solely to the victim's proven principle place of residence,
designed to provide accessibility and to maximize independence.
i. Modifications to vacation and secondary
homes are excluded unless the victim/claimant can show that the vacation or
secondary home has become the claimant's principal place of residence, that
ownership of the original primary residence, the modification of which the
Office had previously awarded compensation under this section has been sold to
a party other than a member of the victim/claimant's family, and that the
original primary residence is no longer available for the use of the
victim/claimant or his or her family.
ii. Structural modifications to the physical
plant and/or equipment owned by an employer are excluded.
iii. The vendor and the victim/claimant are
responsible for all permits, licenses, insurance, and inspections as required
by Federal, State, and/or municipal statutes and codes for the premises to be
modified.
iv. The maximum
compensation for a structure where modifications are made to a building not
owned by a victim shall not exceed $ 15,000;
10. Subject to medical prescription, as
needed dependent care and domestic help as set forth in this chapter;
11. Speech therapy;
12. Subject to the review and approval of the
Office, experimental medical treatment/experimental drugs that have been
recognized by Federal or State agencies and provided by licensed health care
providers; and
13. Upon a showing
that the service provided is a rehabilitative service as defined in this
section, telecommunications, sensory, and other technological aids and devices
and interpreter services.
(f) Every claimant seeking compensation for
catastrophic injury is required to produce verification for and provide
evidence of all out-of-pocket expenses and injuries claimed as compensable
items and the Office shall consider only those expenses and injuries for which
such verification and evidence has been produced. Verification must be provided
that the services for which compensation is sought are related to the date of
the incident and/or the recovery period in question.
1. The victim or claimant may seek prior
approval from the Office for the services for which he or she intends to seek
compensation.
2. The Office's prior
approval and/or payment of the expense incurred shall not be considered as a
warranty of the services provided or fitness for use of any of the products and
materials provided or improvements made, the workmanship performed, or the
capability and license of the provider to perform said service.
3. Although prior approval for a particular
service may have been granted, compensation shall only be awarded upon notice
from the claimant that the service for which compensation is sought has been
completed.
(g) The
Office shall annually set aside an amount of funds it determines to be
reasonable for the purposes of compensation of catastrophic claims out of the
funds appropriated for the administration of the Criminal Injuries Compensation
Act of 1971,
52:4B-1 et seq., and subject to
the provisions of
52:4B-9. Additional funds may be
set aside, as the Office determines reasonable and necessary.
