3 Miss. Code. R. 1-02-209 - Collateral Sources

1. Compensation otherwise payable to a victim/claimant shall be diminished to the extent that the economic loss is or will be recouped from other sources, including collateral sources.

2. In determining the amount of an award, compensation shall be reduced by any collateral sources benefits available to the victim and/or claimant.

3. Collateral sources include, but are not limited to, Aid to Families with Dependent Children, Social Security Benefits, Supplemental Security Income, disability insurance, life insurance, burial insurance, Medicare, Medicaid, health insurance, Workers' Compensation, Veteran Benefits, restitution, civil recovery, prosecution resources, homeowners/renters insurance, automobile insurance, the Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund, donations and benevolence from family, friends and/or community-at-large.

4. Assets which shall not constitute collateral sources include, but are not limited to, a home, a car, bank accounts, credit available through banks or other financial institutions, income from parent or guardian when the victim is a minor, any other assets owned by the victim, sick or vacation/annual leave accrued at work and employee bereavement pay.

5. Exceptions to § 209(3):

a. The first One Hundred Fifty Thousand Dollars ($150,000.00) of life insurance is not calculated as a collateral source.

b. Life insurance is not calculated as a collateral source for mental health counseling and care expenses, bereavement wages, funeral travel, court related travel, execution travel, crime scene clean-up, or repair and replacement expenses.

6. Compensation otherwise payable to a claimant shall be denied or reduced to the extent that it is reasonable, if the claimant failed to fully pursue benefits under a collateral source or otherwise failed to provide requested information to a source of benefits that would have been available to the claimant and that would have reimbursed the claimant for all or a portion of an eligible expense.

7. The Victims of Crime Act (VOCA) defines compensation programs as payer of last resort. All federal benefit programs, including Medicaid, Veterans Administration, CHAMPUS and Indian Health Service, must provide benefits prior to compensation. (42 U. S. C. 10602, §1403 of VOCA.)

8. Counselors who are funded in whole or used as match funds for federal, state or local grant funds shall not be eligible for compensation payments.

Notes

3 Miss. Code. R. 1-02-209