Current through Register Vol. 54, No. 44, November 2, 2024
(a)
General. The following general provisions apply to
reimbursement for out-of-pocket loss.
(1) OVS
may make a monetary award for an out-of-pocket loss as it is defined in the
act.
(2) OVS may pay the service
provider directly or reimburse the claimant for amounts paid, as
applicable.
(b)
Medical expenses. The following provisions for payment of
medical expenses apply:
(1) OVS will pay a
hospital or other licensed health care provider at the rate of 65% of the usual
and customary charge for the service rendered.
(2) This rate will apply to any bill for
services incurred on or after December 12, 2009.
(3) Forensic rape examinations.
(i) OVS will reimburse a maximum of $1,000 to
a hospital or other licensed health care provider, or both, for a forensic rape
examination and medications directly related to the sexual offense.
(ii) The reimbursement will not include
expenses for analyzing collected evidence for DNA or presence of Rohypnol or
other similar drugs.
(iii) Claims
shall be filed with OVS no later than 1 year after the date of the
crime.
(iv) OVS will reimburse a
direct victim who is erroneously billed and subsequently pays the cost of the
forensic rape examination or medications directly related to the sexual
offense. The reimbursement will be subject to the $1,000 monetary
limitation.
(c)
Funeral expenses. Except as otherwise set forth in this
subsection, OVS will reimburse for expenses relating to a funeral of a direct
victim or intervenor. The total reimbursement amount for funeral expenses will
not exceed $6,500.
(1) Funeral expenses to be
reimbursed are as follows:
(i)
Cremation.
(ii)
Interment.
(iii) Body preparation
including embalming.
(iv) Grave
opening and closing.
(v) Cemetery
plot, tent and chairs.
(vi)
Mausoleum.
(vii) Viewing services
and facilities.
(viii) Automotive
equipment, such as the hearse, limousine and flower car.
(ix) Death announcements, prayer cards,
register book and thank you cards.
(x) Casket or urn.
(xi) Minister, pastor, rabbi or other member
of the clergy.
(xii)
Monument.
(xiii) Floral
arrangements.
(xiv) Funeral or
memorial meal.
(xv) Clothing
purchased for the deceased for the funeral or interment.
(xvi) Other miscellaneous expenses, including
organist, programs, death certificates, obituary notice and notice of the time
and place of the funeral or burial services.
(d)
Replacement of personal
health-related items damaged or stolen as a result of a crime. Except
as otherwise set forth in this subsection, OVS will reimburse a claimant for
costs for the replacement of each prosthetic device, wheelchair, cane, walker,
hearing aid, eyeglasses or other corrective lenses, dental device or
prescription medications. Reimbursement will not exceed $1,000 and will be
subject to the following limitations:
(1) Two
hundred dollars for eyeglass frames.
(2) One thousand dollars for replacement of
all combined prescription medications stolen or damaged in a single crime
incident.
(3) One hundred dollars
for replacement of canes.
(4) Two
hundred fifty dollars for replacement for walkers.
(e)
Counseling. OVS will pay
expenses of counseling performed by or under the supervision of a psychiatrist,
psychologist, licensed professional counselor or licensed social worker to
claimants as follows:
(1) A maximum of $10,000
in total expenses of a direct victim who was under 18 years of age upon the
occurrence of the crime.
(2) A
maximum of $5,000 in total expenses of a direct victim who was 18 years of age
or older upon the occurrence of the crime.
(3) A maximum of $5,000 in total expenses of
any of the following individuals affected by the homicide of a direct victim:
(i) An individual responsible for the welfare
of the direct victim, which includes legal guardians and foster
parents.
(ii) An individual related
in the second degree of consanguinity or affinity to the direct
victim.
(iii) An individual
residing in the same household with the direct victim.
(iv) An individual engaged to be married to
the direct victim.
(4) A
maximum of $2,500 in total expenses of any of the individuals described in
paragraph (3) affected by a crime against a direct victim that is not a
homicide.
(5) A maximum of $1,500
in total expenses of an individual who:
(i) Is
physically present at a crime scene and witnesses a violent crime.
(ii) Discovers the body in a
homicide.
(6) For
counseling expenses relating to a homicide, OVS may not reduce the amount of
the award or deny the reimbursement due to the conduct of the direct
victim.
(f)
Relocation expenses. OVS will reimburse for expenses incurred
by the temporary or permanent relocation of a direct victim and individuals
residing in the direct victim's household when immediate relocation is
necessary to protect their health and safety. This reimbursement will not
exceed $1,000 per household for each direct victim for the following:
(1) Relocation expenses to be reimbursed are
as follows:
(i) Lodging to a daily maximum of
$75.
(ii) Rental of substitute
living quarters.
(iii) Utility
connection fees, which do not include cable.
(iv) Rental of a passenger vehicle for a
total daily maximum of $30.
(v)
Private vehicle usage at mileage rate currently paid by the Commonwealth to its
own employees for travel.
(vi)
Common carrier fares.
(vii) Moving
company charges or van rental.
(viii) Tolls and parking expenses.
(ix) Rental of post office box.
(x) Charges for storage of personal
belongings.
(xi) Child care
expenses.
(2)
Reimbursement will be made only when a medical provider, human services
provider or law enforcement representative, which may include a district
attorney or other prosecutorial agency, verifies the immediate need for
relocation.
(3) OVS may consider a
delay past the prescribed immediate need time period to be justified when the
direct victim, intervenor or claimant is mentally or physically incapacitated,
there is a fear of retaliation or other circumstances when good cause is shown
by the claimant.
(g)
Travel expenses. OVS will reimburse expenses associated with
travel necessary and reasonable as determined by OVS to obtain medical care or
counseling, attend or participate in criminal justice or protection from abuse
proceedings, and other circumstances when good cause is shown by the claimant.
In the case of an injury that results in death, for travel in connection with
making the funeral arrangements, transport of the body and attendance of
funeral services as follows:
(1) Meals
totaling no more than $28 per day, with no more than $6 for breakfast, $6 for
lunch and $16 for dinner.
(2)
Lodging to a daily maximum of $75.
(3) Private vehicle usage at mileage rate
currently paid by the Commonwealth to its own employees.
(4) Vehicle rental to a daily maximum of
$30.
(5) Payment of a driver other
than common carriers needed as result of a crime at maximum hourly rate of
$8.
(6) Common carrier fares in
full.
(7) Tolls and parking
expenses.
(8) Meals and lodging
reimbursement, limited to trips of 50 miles or more from the eligible person's
home.
(9) Containers or other
necessary requirements to transport the body.
(10) In the case of an injury that results in
death, for travel in connection with the transport of the body, making funeral
arrangements and attending the funeral services not to exceed 5 days.
(h)
Crime scene clean
up. The cost of cleaning the crime scene of a private residence up to
a maximum of $500.
(1) Reimbursement will be
limited to the cost of cleaning supplies purchased for the purpose of cleaning
the scene, the cost of any necessary equipment purchased or rented and the cost
of professional labor for the purpose of cleaning the crime scene.
(2) Multiple private residences may each be
considered for crime scene cleanup if the sites are identified in the police
report. The maximum award amount for each crime scene cleanup is
$500.
(3) Cleaning means to remove
or attempt to remove blood and stains caused by bodily fluids, food, paint or
other materials used to deface property as a direct result of the crime or
other dirt or debris caused by the processing of the crime scene.
(4) Stains deliberately caused by acts of
vandalism and other intentional acts are property damage which is expressly
excluded from the definition of "out of pocket loss" contained in the
act.
(i)
Miscellaneous expenses. OVS may reimburse a claimant for other
services reasonably necessary, including the following:
(1) The purchase or rental of nonmedical
remedial care or products that are needed to assist in normal, daily life
functions and are prescribed or recommended by a health care provider, such as
a wheel chair ramp, lifts or other special accommodations, including equipment
or robotic devices needed to assist in normal, daily life functions.
(2) The cost of obtaining services needed as
a result of the crime such as laundering, cleaning, child care, administration
of medication, food shopping and meal preparation.
(i) Members of the family of the direct
victim or intervenor engaged to perform the services will be paid their net
loss of earnings not to exceed the average weekly wage and if not otherwise
reimbursed for the loss of earnings.
(ii) Individuals engaged to perform services
who are not family members will be paid a maximum hourly rate of $8.
(3) At the discretion of OVS,
telephone and television expenses incurred in connection with inpatient care of
the direct victim or intervenor due to the injury.
(4) At the discretion of OVS, charges
incurred for records, products or services including those for rehabilitation,
rehabilitative occupational training, other remedial treatment and care, tutors
and interpreters.
The provisions of this §411.42 amended under section
312(3) of the Crime Victims Act (18 P. S. §
11.312(3)).
