R270. Crime Victim Reparations, Administration.
R270-1. Award and Reparation Standards.
R270-1-1. Authority and Purpose.
As provided in Subsection 63M-7-506(1)(c) the purpose of this rule is to provide interpretation and standards for the administration of crime victim reparations.
(1) Terms used in this rule are found in Section 63M-7-502.
(2) In addition:
(a) "APRN" means Advanced Practice Registered Nurse;
(b) "DOPL" means Utah Department of Commerce, Division of Professional and Occupational Licensing;
(c) "medical forensic sexual assault examination" means a medical and forensic examination of a victim to provide medical care and collect forensic evidence in a sexual assault investigation or prosecution;
(d)(1) "medical services" means medical treatment or services, described in Subsection 63M-7-511(4)(b), performed at an inpatient or outpatient medical facility by a licensed medical provider;
(d)(2) medical services include dental services;
(d)(3) medical services do not include sexual assault forensic examinations or mental health therapy;
(e) "PEHP" means the Public Employees' Benefit and Insurance Program created in Section 49-20-103;
(f) "primary victim" means a victim who has been directly injured by criminal conduct;
(g) "program" means the Victim Services Grant Program, authorized under Subsection 63M-7-506(l)(i), which allocates money for other victim services once a sufficient reserve has been established for reparations claims; and
(h) "secondary victim" means a victim who is not a primary victim but who has a relationship with the victim and was traumatically affected by the criminally injurious conduct that occurred to the victim, including an immediate family member of a victim such as a spouse, father, mother, stepparents, grandparents, child, brother, sister, stepchild, stepbrother, stepsister, or legal guardian or other person who the reparations officer reasonably determines bears an equally significant relationship to the primary victim.
R270-1-3. Funeral and Burial Reparations Award.
(1) Pursuant to Subsection 63M-7-511(4)(f), a reparations award for funeral and burial expenses may not exceed $7,000 for any reasonable and necessary charges incurred directly relating to the funeral and burial of a victim. This amount includes transportation of the deceased. Allowable expenses in this category may include the emergency acquisition of a burial plot for victims who did not previously possess or have available to them a plot for burial.
(2) Transportation of secondary victims to attend a funeral and burial service shall be considered as an allowable expense in addition to the $7,000.
(3) Loss of earnings for secondary victims to attend a funeral and burial service shall be allowed as follows:
(a) Three days in-state
(b) Five days out-of-state
(4) When a victim dies leaving no identifying information, reparations claims made by a provider cannot be considered.
R270-1-4. Reparations Claims Involving Negligent Homicide and Hit and Run.
(1) Negligent homicide shall be considered criminally injurious conduct as defined in Subsection 63M-7-502(9).
(2) Pursuant to Subsection 63M-7-502(7), criminally injurious conduct may not include a hit and run.
R270-1-5. Counseling Awards.
(1) Pursuant to Subsections 63M-7-502(19) and 63M-7-511(4)(c), reparations awards for outpatient mental health counseling are subject to limitations as follows:
(a) The reparation officer shall approve a standardized treatment plan.
(b) The cost of initial evaluation and testing may not exceed $300 and shall be part of the maximum allowed for counseling. For purposes herein, an evaluation shall be defined as diagnostic interview examination including history, mental status, or disposition, to determine a plan of mental health treatment.
(c)(i) Primary victims of a crime shall be eligible for the lesser of 25 aggregate individual or group counseling sessions or $2,500 maximum mental health counseling award.
(ii) Parents, children, spouses and siblings of homicide victims shall be considered at the same rate as primary victims for inpatient and outpatient counseling.
(d) Secondary victims of a crime shall be eligible for the lesser of 15 aggregate individual or group counseling sessions or $1,250 maximum mental health counseling award.
(e) Extenuating circumstances warranting consideration of counseling beyond the maximum may be submitted by the mental health provider when it appears likely that the maximum award will be reached.
(f) Counseling costs will not be paid in advance but will be paid on an ongoing basis as victim is being billed.
(2) Inpatient hospitalization shall only be considered for primary victims when the treatment has been recommended by a licensed therapist in life-threatening situations. Acute Inpatient hospitalization shall not exceed $600 per day, which includes ancillary expenses, and will be considered payment in full to the provider. Inpatient psychiatric visits will be limited to one visit