Kan. Admin. Regs. § 20-2-3 - Mental health counseling award
Each mental health counseling award shall be subject to the following limitations.
(a) Each victim of a crime may be considered for up to a
$3,500.00 mental health counseling award.
(1) A standard treatment plan based on these limitations shall
be approved by the board.
(2) Compensation beyond the $3,500.00 maximum for mental health
counseling may be awarded provided the board finds extenuating circumstances
justify such action and that such action is supported by information, reports,
or a mental health treatment plan, and recommendations of a mental health
counseling provider or physician.
(3) The award for a mental health evaluation shall not exceed
$300.00, which may be in addition to the $3,500.00 maximum. For purposes of
this paragraph, mental health evaluation means a diagnostic interview
examination, including history, mental status or disposition, that is
administered in order to determine a plan of mental health treatment.
(b) Each victim by reason of family grief may be considered for
up to a $1,000.00 grief therapy award. Compensation beyond the $1,000.00
maximum may be awarded provided the board finds extenuating circumstances
justify such action and that such action is supported by information, reports,
or a mental health treatment plan, and recommendations of a mental health
counseling provider or physician.
(c) If the mental health treatment plan for a victim requires
that others, not including the offender, be involved in treatment, costs for
third-party counseling may be compensable up to $3,500.00, if the third-party
counseling is directly and beneficially related to the plan for treatment of
the victim. Family counseling or other counseling involving a third-party shall
not be compensable unless:
(1) the primary victim is present in the counseling sessions or
the focus of the treatment is to assist the victim's recovery; and
(2) the mental health treatment plan addresses the need for
third-party counseling.
(d) Compensable counseling may be provided in:
(1) A medical or psychiatric setting under the supervision of a
medical doctor or a psychiatrist. The costs of such counseling incurred during
in-patient treatment shall be applied toward the maximum claim for in-patient
treatment; or
(2) A non-medical setting by an individual licensed or
registered by the Kansas behavioral science regulatory board, the Kansas board
of healing arts or counterpart boards in other jurisdictions having similar
licensure or registration requirements, if the counseling falls within the
professional parameters of the provider's license or registration.
(e) In-patient hospitalization shall be considered only if the
condition is life-threatening and the hospitalization has been recommended by
the victim's physician or mental health counseling provider. Reimbursement for
each instance of in-patient treatment and care shall not exceed the cost of
treatment for a period of 10 days or $10,000.00, whichever is less.
Compensation beyond the $10,000.00 maximum may be awarded provided the board
finds extenuating circumstances justify such action and that such action is
supported by information, reports, or a mental health treatment plan, and
recommendations of a mental health counseling provider or physician.
(f) The following limits on counseling rates shall apply to
out-patient mental health counsel-ing:
(1) Individual and family counseling in a non-medical setting
$60.00 per hour
(2) Group therapy $40.00 per hour
These rates shall apply to individuals performing treatment. Compensation shall not be awarded to pay the costs of persons supervising treatment.
(g) If it is apparent from the treatment plan that treatment is
addressing issues not directly related to the crime, only that portion of the
treatment which is addressing the victimization shall be compensable.
(h) This regulation shall apply to all claims received by the
board after the effective date of the regulation.
Notes
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