Iowa Admin. Code r. 61-9.34 - Computation of compensation
The
(1)
Benefit limits. Compensation shall be made up to the benefit
category limits in effect on the date the application is filed. For an eligible
victim of sexual abuse when the offender has been referred pursuant to Iowa
Code chapter 229A, compensation shall be paid for expenses incurred after
referral of the offender.
(2)
Payer of last resort. The program is a payer of last resort
pursuant to federal law 34
U.S.C. 20102. Compensation shall not be paid
for services when the provision for those services is mandated by law or
administrative rule to be the responsibility of another governmental unit,
private agency or program . Payments shall be reduced by payments made by
offenders and third parties responsible for the damages of the crime . The
department may waive this requirement for good cause after considering the
factors in subrule 9.29(4) for compensation made from state funds.
(3)
Voluntary financial
programs. Compensation applicants will be encouraged to apply for
other financial assistance programs to pay costs resulting from the
crime -related injury . However, no applicant will be denied compensation
benefits based on the applicant 's refusal to seek funds from a voluntary
financial assistance program .
(4)
Insurance providers. Eligible victims and claimants must give
service providers the information necessary to bill insurance providers for
crime -related treatment. Payment of compensation will not be made if the victim
refuses or fails to provide information requested by the service or insurance
provider or to sign the required assignment of benefits within a reasonable
time frame. The department may waive this requirement if the victim can
demonstrate good cause exists. Good cause may include but is not limited to
situations where the insurance policyholder is the perpetrator of the crime
that gave rise to the claim.
(5)
Supplanting of funds prohibited. Compensation shall be made
only when the claimant is responsible for the cost of crime -related injury .
Compensation shall not be paid when a government entity, including but not
limited to a mental health facility, jail, or prison, is responsible for the
costs of treatment for injury from crime , unless the entity is legally allowed
to pass those costs along to the victim .
Notes
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