Current through Register Vol. 63, No. 9, September 1, 2024
The Department shall calculate payment of eligible
crime-related medical and counseling expenses under ORS 147.005 to 147.367 as
follows:
(1) When the victim of a compensable crime has been awarded
compensation and does not have insurance benefits or any other prior resource
to pay for crime-related medical or counseling expenses, the Department shall
pay crime-related medical and counseling expenses at the rates set forth in the
Oregon Workers' Compensation medical fee schedule in OAR 436-009-0040, except
in the following circumstances:
(a) When crime-related medical expenses are incurred in another
state, expenses shall be paid at 75% of the billed amount;
(b) Medical expenses involving dental work shall be calculated
based on the Oregon Workers' Compensation dental fee schedule rate of 90% of
the billed amount;
(c) Ambulance and emergency transportation expenses shall be
paid at 75% of the billed amount;
(d) Residential treatment expenses shall be paid at 75% of the
billed amount;
(e) Transportation under ORS 147.035 (1)(g) shall be paid at
the rate of .50 cents per mile and will include personal vehicle, taxi, or
bus;
(f) Counseling services must be provided by one of the
following counseling providers in order to be eligible for payment by the
Department. Providers shall be paid at the following hourly rates:
(A) Qualified Mental Health Professionals as defined in OAR
309-039-0510(10) or equivalent in another state shall be paid at the hourly
rate of $75.00 if they are licensed or being supervised by a licensed mental
health provider;
(B) Counselors, therapists, and social workers licensed by the
Oregon Board of Licensed Professional Counselors and Therapists under ORS
675.705 through 675.835 or equivalent in another state shall be paid at the
hourly rate of $105.00;
(C) Psychologists licensed under ORS Chapter 675 or equivalent
licensure in another state shall be paid at the hourly rate of $130.00;
(D) Psychiatric nurses licensed under ORS Chapter 678 or
equivalent in another state shall be paid at the hourly rate of $130.00;
(E) Doctor of Medicine or Doctor of Osteopathy licensed under
ORS Chapter 677 or equivalent licensure in another state shall be paid at the
hourly rate of $160.00;
(F) The Department may pay for other counseling services based
on the nature of the victimization and the education, training, and experience
of the provider when sufficient documentation establishing the provider's
education, training, and experience is provided to the Department. The
Department will determine the hourly payment amount based on the supporting
documentation.
(2) For the purposes of ORS 147.035(7), "other expenses"
related to the proceeding or involvement in the proceeding shall be paid as
follows, up to the maximum amount of the award or $3,000, whichever is
less:
(a) Lodging expenses shall be reimbursed at actual expense, not
to exceed the current federal per diem lodging rates for Oregon found at
http://www.gsa.gov/portal/content/104877,
if the location of the proceeding is more than 70 miles one-way from the
residence of the victim, survivor, dependent, or personal representative, and
upon submission of a valid receipt. Reimbursement will only be provided for the
number of nights necessary for the victim, survivor, or dependent to attend or
be involved in the proceeding, as determined by the Department;
(b) Other reasonable and necessary incidental expenses
generally associated with travel and necessary for the victim, survivor,
dependent, or personal representative to travel to the proceeding shall be paid
at actual expense, at the discretion of the Department, up to a total amount
not to exceed the current federal per diem incidental rates for Oregon found at
http://www.gsa.gov/portal/content/104877
and upon submission of a valid receipt;
(c) Mileage reimbursement shall be paid at $0.50 per mile for
actual round-trip travel from the residence of the victim, survivor, dependent,
or personal representative to the location of the proceeding or when the
victim's provider is more than 60 miles roundtrip from victims' residence. In
lieu of mileage reimbursement, the Department may, at its discretion, reimburse
reasonable and necessary round-trip car rental or bus, train, or air fare, upon
submission of a valid receipt.
(3) For the purposes of ORS 147.035(2)(e), medical assessments
related to strangulation (SKIT exams) will be submitted and paid as
follows:
(a) Application and bill will be submitted to the SAVE Fund
using a SKIT application;
(b) The SKIT exam will be billed to insurance (unless it poses
a risk to the victim) or paid under the Workers' Compensation Fee Schedule if
there is no insurance;
(c) The maximum award is $5,000.00.
Statutory/Other Authority: ORS 147.205(1)(c)
Statutes/Other Implemented: ORS
147.035
