RULE 143.00.94-001 - Regulations

RULE 143.00.94-001. Regulations

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.

(3/2/1994)

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