Administrative Code Provisions | CMSR 24-000-001 Chapt. 3 | 2018
300. Eligible Expenses.
1. All eligible expenses shall be verified and substantiated by supporting documentation.
2. Eligible expenses:
a. Medical - reasonable charges incurred for reasonably needed and medically necessary products, services and accommodations, including, but not limited to, medical care, rehabilitation, rehabilitative occupational training, and other remedial treatment and care.
b. Mental Health Services - reasonable charges incurred for reasonably needed mental health counseling and care for the victim/claimant and the victim's/claimant's family members.
c. Medical/Mental Health Counseling (MHC) Transportation costs - reasonable non- emergency transportation services for (1) victim to attend doctor appointments and/or mental health counseling sessions; and (2) claimant and/or victim's family member(s) to attend appointments for mental health counseling and care.
d. Funeral - reasonable charges incurred for usual and customary expenses related to funeral, cremation or burial services and products.
e. Funeral Transportation Costs - reasonable charges for claimant(s) to make arrangements and/or attend services.
f. Lost Wages - victim's or claimant's lost wages for work missed during the victim's recovery of crime related injuries; victim's or claimant's lost wages for work missed to attend criminal proceedings; and claimant's lost wages to make funeral arrangements and/or attend services.
g. Loss of Support - economic loss of a dependent of a deceased victim.
h. Temporary Housing - reasonable costs for temporary housing for domestic violence victims in imminent danger.
i. Relocation Assistance - reasonable relocation costs for domestic violence victims in imminent danger.
j. Crime Scene Cleanup - reasonable and necessary cost of cleaning the crime scene after a homicide or assault.
k. Court Related Transportation - reasonable charges for attendance at criminal proceedings.
l. Repair and/or Replacement Costs - reasonable costs for victim/claimant to repair and/or replace exterior broken windows, doors, locks or other security devices of a residential dwelling damaged and/or destroyed during a violent crime.
m. Execution Travel - Reasonable and necessary costs for a claimant(s) to travel to and from a place of execution.
n. Tuition Loss - Tuition reimbursement for a victim/claimant enrolled as a student at a school, college or university who, due to the victim's death or disability caused by a violent crime was unable to complete the semester or term.
3. Crime Scene Cleanup, Court Related Transportation, Repair and/or Replacement Costs and Execution Travel will be considered for claims previously approved with crimes occurring prior to July 1, 2007. A former grant was the payment source for these benefits. This grant was managed by the Victim Compensation Division; however, the grant is no longer available.
4. Other crime related costs may be considered. See § 313.
5. Compensation may not exceed Twenty Thousand Dollars ($ 20,000.00) in the aggregate. Additional limits apply; see below § 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312 and 313.
301. Medical Expenses.
1. Some examples of medical expenses include, but are not limited to, hospital, physicians, prescriptions, ambulance, prosthetics, medically necessary equipment, rehabilitation, medical supplies, dental and chiropractic services. Expenses may also include rehabilitative occupational services, including treatment for the purpose of training or retraining for employment based on the victim's medical and employment history.
Other limitations do apply and are discussed further in this chapter.
2. Verification: Supporting documentation as determined by the Division shall be submitted to verify and substantiate the expense eligibility. The following shall apply:
a. The victim/claimant shall provide an itemized statement indicating date of service, type of service, diagnostic code, treatment code and charge for each service, product or treatment.
b. The victim/claimant shall provide collateral source information.
c. Additional information and supporting documentation may be requested for further determination on an as-needed basis.
3. Dental care - dental care and services may be eligible if treatment is directly related to the crime injury. Expenses for routine dental checkup, cleaning or pre-existing conditions are not eligible.
4. Medically necessary equipment - may be eligible if the item became necessary as a direct result of the injury, is prescribed by the victim's physician and is necessary to facilitate the victim's physical recovery. Equipment includes, but is not limited to, wheelchair, bed, walker and crutches.
5. Medical supplies - supplies not prescribed by a physician may be eligible if medically necessary for victim's physical recovery and costs are supported with an itemized receipt that clearly indicates the item. Medical supplies include, but are not limited to, over-the- counter medications and bandages.
6. Prosthetic devices, eyeglasses, hearing aids and dentures - may be eligible if the item(s) was destroyed during the crime or became necessary as a direct result of the crime injury and is prescribed by the victim's physician.
7. Medical/MHC Transportation for non-emergency services - transportation for non- emergency services may be eligible. The following shall apply:
a. Transportation costs shall be limited for (1) victim to attend doctor appointments and/or mental health counseling sessions; and (2) claimant and/or victim's family member(s) to attend appointments for mental health counseling and care.
b. Needed medical attention and/or mental health counseling is not available in the victim's/claimant's community.
c. Travel to a medical or mental health counseling facility is at least forty-five (45) miles, one way from the victim's/claimant's residence.
d. Award for transportation costs shall be limited to mileage and bus, train, and air fare.
e. Award for mileage shall be reimbursed at thirty five-cents (.35) per mile.
f. If there is more than one (1) claimant per request for transportation costs, the amount of compensation shall be prorated among the claimants and the total amount of the award may not exceed Five Hundred Dollars ($ 500.00).
g. The victim/claimant shall submit a copy of the bill substantiating office visit and date of travel.
h. The victim/claimant shall submit a travel reimbursement request form as prescribed by the Division.
i. Overall maximum amount allowable for travel reimbursement may not exceed $ 500.00.
8. In-patient mental health services and hospitalization - these expenses are considered mental health expenses. See § 302 below for guidelines and limitations.
9. Sexual Assault/Rape Exams - Authorized expenses for the medical examination conducted for the procurement of evidence will be paid directly to the medical provider/facility conducting the sexual assault medical forensic examination. Treatment provided for crime related injuries may be considered for payment if the claim is otherwise eligible for victim compensation. For the purposes of this chapter, the following shall apply:
a. Sexual Assault Forensic Medical Examination - sexual assault medical forensic examination expenses include, but are not limited to: rape kit, authorized medical personnel fees, emergency room fees, venipuncture services and lab tests conducted (sexually transmitted disease tests, pregnancy tests, etc.). Costs such as emergency room fees and physician fees will be prorated.
b. Medications - medications, as part of the examination, will be considered for payment if the claim is otherwise eligible.
c. Future Medical Expenses - medications and subsequent tests, administered after the date of the initial medical examination, may be considered for payment if the claim is otherwise eligible.
d. Personal Injuries Sustained During the Sexual Assault - medical services provided during the medical examination for treatment of crime related injuries may be considered for payment through victim compensation if the claim is otherwise eligible.
e. Other treatment, services and/or expenses as a part of the sexual assault medical forensic examination not previously mentioned above will be considered on a case-by- case basis.
f. See § 600-605 for comprehensive guidelines for payment of sexual assault medical forensic examinations including payment limitations.
10. Health Insurance Premiums - the victim's health insurance premium may be eligible for payment if the victim was covered at the time of the crime. The following shall apply:
a. The victim is unable to return to work due to crime related injuries.
b. Premiums paid by someone other than the victim or the victim's employer will not be considered.
c. If the premium includes additional individuals or family members, only the victim's portion is eligible.
d. The victim or claimant shall provide verification of the health insurance coverage and monthly premium payment amount.
e. Payment of health insurance premiums shall be limited to the disability duration or up to twelve months, which ever occurs first and shall be based upon a reasonable charge as determined by the Division of Victim Compensation.
f. The victim or claimant shall provide a disability statement from the victim's attending licensed medical doctor or doctor of osteopathy licensed to practice medicine (See Exception in § 301 [10] [g]) indicating the duration of the victim's disability.
g. The disability statement shall be signed by a licensed medical doctor or doctor of osteopathy licensed to practice medicine. Disability statements signed by any other provider, such as therapist, shall not be accepted for consideration. Exception: Victim/Claimant may submit a Statement of Disability Report form completed and signed by an (certified) advanced practice registered nurse in lieu of a licensed medical doctor or doctor of osteopathy licensed to practice medicine. If the disability period appears to be unreasonable, then the victim/claimant will be required to have a licensed medical doctor or doctor of osteopathy licensed to practice medicine complete the form. This will be determined on a case-by-case basis.
11. Limitations for medical expenses include, but are not limited to the following:
a. Compensation for medical expenses may not exceed Fifteen Thousand Dollars ($ 15,000.00).
b. For victims who have a pre-existing condition(s) and the crime related injuries have exacerbated the pre-existing condition(s), expenses will be paid at the following rates: 1st three months (from date of crime) reimbursed at 100%; 2nd three months reimbursed at 50%. Thereafter, expenses are not eligible for reimbursement unless the attending medical doctor or doctor of osteopathy licensed to practice medicine (see § 301 [10] [g] for exception) can verify continued crime related injuries exacerbation of a pre-existing condition(s).
c. Expenses for treatment which is not directly related to crime injuries and/or provided by a non-licensed medical professional or facility (if applicable) shall not be eligible.
d. The medical expenses of a deceased victim shall not be eligible if the claimant does not have legal obligation or liability of losses incurred by the victim. However, the expenses may be eligible, if the claimant signed for financial responsibility of the expenses or made voluntary payments.
e. Medical Transportation - Claimant travel to visit victim in hospital/other facility or sit with victim in hospital/other facility is not eligible.
f. Medical and Mental Health Counseling transportation have a combined cap of Five Hundred Dollars ($ 500.00). This amount is in addition to the Fifteen Thousand Dollars ($ 15,000.00) Medical maximum or Three Thousand Five Hundred Dollars ($ 3,500.00) Mental Health Counseling maximum.
302. Mental Health Counseling and Care.
1. Victim/Claimant Eligibility:
a. The victim/claimant must otherwise qualify for compensation before any award can be considered;
b. The victim/claimant must have suffered personal injury or psychological trauma as a direct result of the criminally injurious conduct; and,
c. Counseling must be causally related to the crime and focus must be for treatment to assist in the victim's/claimant's recovery.
d. An individual who witnesses a violent crime and suffers psychological trauma may receive mental health benefits.
2. Family Member Eligibility:
a. The victim/claimant must otherwise qualify for compensation before any award can be considered;
b. The victim/claimant must have suffered death, personal injury or psychological trauma as a direct result of the criminally injurious conduct; and
c. Counseling must be causally related to the crime and focus must be for treatment to assist in the recovery of the victim's family member.
3. Verification: Supporting documentation as determined by the Division shall be submitted to verify and substantiate the expense eligibility. In order for the victim, claimant, or mental health provider to receive reimbursement for services, the following shall apply:
a. The victim/claimant shall provide an itemized bill, on provider letterhead, indicating date(s) of service, procedure code(s), and charge for each session.
b. The mental health provider shall provide a completed Mental Health Services and Expenses Report form to include: the presenting problem/complaint; assurance that the therapy is directly related to the crime; a treatment statement summary for dates of service, a legible copy of their professional license or certification (Advanced Practice Registered Nurse). The mental health provider shall also submit a (current) itemized bill detailing date(s) of service, procedure code(s), charge for each session, and source and amount of any payments received by the mental health provider.
c. The mental health provider must submit a completed W-9 Form/Request for Taxpayer Identification Number and Certification Form if one is not already on file. Additional documentation may be required as needed by the Mississippi Department of Finance and Administration.
d. The victim/claimant shall provide collateral source information.
e. Additional information and supporting documentation may be required from the mental health provider on an as-needed basis for further determination of expense eligibility.
4. Mental health services and limitations:
a. Compensation for mental health counseling and care for the victim/claimant and the victim's family members may not exceed Three Thousand Five Hundred Dollars ($ 3,500.00); provided, however, if there is more than one (1) family member per victim, the amount of compensation awarded shall be prorated among the family members not to exceed Three Thousand Five Hundred Dollars ($ 3,500.00).
b. Treatment must follow an accepted modality for the treatment of crime victims as determined by the Division of Victim Compensation.
c. If treatment addresses issues not directly related to the crime, then only that percentage of treatment which addressed the victimization shall be compensated.
d. Expenses for intake services (initial session - CPT code 90801) will be reimbursed at the following rates: Master Level Clinicians: One Hundred Dollars ($ 100.00); Ph.D.: One Hundred Twenty Five Dollars ($ 125.00); M.D.: One Hundred Fifty Dollars ($ 150.00).
e. Expenses for evaluation and testing may not exceed One Hundred Fifty Dollars ($ 150.00). Exception: Expenses for evaluation and testing that exceed $ 150.00 will be considered on a case-by-case basis. If evaluation and testing expenses over $ 150.00 are determined reasonable and necessary, compensation for evaluation and testing then may not exceed Four Hundred Fifty Dollars ($ 450.00).
f. Allowable expenses for individual counseling sessions are based upon applicable licensure and/or certification requirements of the therapist/counselor, see § 302 (7).
g. Family counseling sessions are eligible only if the victim/claimant is present in the session and the focus is to assist in the victim/claimant's recovery. Allowable expenses for family counseling sessions are based upon applicable licensure and/or certification requirements of the therapist/counselor, see § 302 (7). Exception: Parents/guardians of the victim may be seen for child-related content (inclusive of information about the child's condition, treatment, and concerns).
h. Expenses for group sessions may not exceed $ 40.00 per session.
i. Case management or staff conferences may not exceed $ 20.00 per session, per month.
j. Medication management and evaluation sessions may not exceed $ 40.00 per 15-20 minute session.
k. Medical and Mental Health Counseling transportation have a combined cap of Five Hundred Dollars ($ 500.00). This amount is in addition to the Fifteen Thousand Dollars ($ 15,000.00) Medical maximum or Three Thousand Five Hundred Dollars ($ 3,500.00) Mental Health Counseling maximum.
5. Additional limitations and verification:
a. Sliding scale fees are to be based on the victim/claimant's or family member's income and only that portion will be eligible for compensation.
b. 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, see § 209 (8).
c. Additional information and supporting documentation may be required from the mental health provider on an as needed basis for further determination of expense eligibility.
6. Ineligible expenses:
a. Preparation of reports and court support time;
b. Expenses for missed or canceled appointments;
c. Treatment for pre-existing physical or emotional conditions, unless the crime related trauma has exacerbated the pre-existing condition(s), expenses will be paid at the following rates: 1 [st ] three months (from date of crime) reimbursed at 100%; 2 [nd ] three months reimbursed at 50%. Thereafter, expenses are not eligible for reimbursement unless a qualified mental health provider (See § 302 [7]) can verify continued crime related trauma exacerbation of a pre-existing condition(s). A medical doctor or doctor of osteopathy licensed to practice medicine (see medical personnel exception in § 301 [10] [g]) may also be required to verify continued crime related trauma exacerbation of a pre-existing condition(s).
d. Services and/or products provided at no cost to the victim/claimant or family member; and,
e. Sessions in which the offender is present.
7. Qualified Mental Health Providers and Fee Schedule:
a. Mental health providers must meet or exceed the applicable licensure and/or certification requirements of Mississippi and expenses are awarded at the following rates, for the standard hourly individual or family session:
Display Table
b. Providers whose credentials are not recognized in the above are not eligible as a qualified mental health provider.
c. Mental health providers not licensed in Mississippi, may be considered as qualified providers in certain circumstances. Those individuals shall be supervised by a qualified mental health professional as listed above. The non-licensed provider must submit formal documentation indicating that supervision was provided and/or supervisory conferences were held. The Division will determine on a case-by-case basis whether the provider will be considered as a qualified mental health provider. If the non- licensed mental health provider meets these requirements, the fee schedule will be fifty percent (50%) less than the supervising qualified mental health provider.
d. Mental health providers not practicing in Mississippi must meet or exceed those qualifications of licensure requirements of Mississippi.
e. Individuals providing services through a student internship or other academic requirements are not eligible as a qualified mental health provider.
f. See § 302 (4) (d) for initial session (CPT code 90801) fee schedule.
8. Other mental health care benefits:
a. In-patient mental health services for the victim/claimant or the victim/claimant's family members are considered as mental health counseling and care expenses and the maximum of Three Thousand Five Hundred Dollars ($ 3,500.00) shall be applied.
b. Expenses incurred by victim/claimants and/or family members receiving medical attention for anxiety, depression and other related conditions, including medications, are considered mental health care expenses and the maximum of Three Thousand Five Hundred Dollars ($ 3,500.00) shall be applied.
303. Lost Wages.
1. Eligible expenses:
a. Lost wages may be eligible for work missed by the victim during recovery of physical injuries and/or psychological trauma, herein known as victim lost wages.
b. Lost wages may be eligible for work missed by the claimant during the victim's recovery of physical injuries and/or psychological trauma, herein known as claimant lost wages.
c. Lost wages may be eligible for work missed by the victim or claimant to attend criminal proceedings of the case which the claim is based, herein known as court related lost wages.
d. Lost wages may be eligible for work missed by the claimant to make funeral arrangements, attend services and for bereavement, herein known as bereavement lost wages.
Other limitations do apply and are discussed further in this chapter.
2. Victim eligibility:
a. The victim must otherwise qualify for compensation before any award can be considered.
b. Wage loss for the victim shall be limited to:
i. cases in which the victim had a loss of earnings during recovery of physical injuries and/or psychological trauma, attended medical appointments and/or attended mental health counseling sessions; and
ii. cases in which the victim had a loss of earnings to attend criminal proceedings.
c. The victim must provide all requested supporting documentation.
3. Claimant eligibility:
a. The victim/claimant must otherwise qualify for compensation before any award can be considered;
b. Wage loss for the claimant shall be limited to:
i. cases in which the claimant had a loss of earnings in order to assist victim during the victim's recovery of physical injuries, accompanied victim to mental health counseling sessions and/or accompanied victim to medical appointments;
ii. cases in which the claimant had a loss of earnings to attend criminal proceedings; and
iii. cases in which the claimant had a loss of earnings to make funeral arrangements, attend the services and/or for bereavement time.
c. The victim/claimant must provide all requested supporting documentation.
4. Verification: Supporting documentation as determined by the Division shall be submitted to verify and substantiate the expense eligibility. The following shall apply:
a. The victim and/or claimant shall provide report of earnings and collateral source information.
b. If loss of work due to victim's physical injuries and/or psychological trauma is longer than one work week, the victim or claimant shall provide a disability statement from the victim's attending licensed medical doctor or doctor of osteopathy licensed to practice medicine (See Exception in § 303 [4] [c]) indicating the duration of the victim's disability.
c. The disability statement shall be signed by a licensed medical doctor or doctor of osteopathy licensed to practice medicine. Disability statements signed by any other provider, such as therapists, shall not be accepted for consideration. Exception: Victim/Claimant may submit a Statement of Disability Report form completed and signed by a (certified) advanced practice registered nurse in lieu of a licensed medical doctor or doctor of osteopathy licensed to practice medicine. If the disability period appears to be unreasonable, then the victim/claimant will be required to have a licensed medical doctor or doctor of osteopathy licensed to practice medicine complete the form. This will be determined on a case-by-case basis.
d. The disability statement may not be required if there was a loss of work for the victim to attend medical appointments and/or mental health counseling sessions. These claims will be determined on a case-by-case basis.
e. If the victim or claimant is self-employed, the victim or claimant shall provide documentation of wage loss. The victim's or claimant's federal income tax return for the year prior to the crime or the year in which the crime occurred is required. In addition, the victim and/or claimant must also verify work missed by signing a loss of work affirmation.
f. If the wages are based upon variable earnings, the victim or claimant shall provide documentation as determined by the Division to substantiate continuous employment and earnings information. Estimated earnings not supported by past employment information or earnings statements shall not be eligible. Employment with variable earnings includes, but not limited to: seasonal work, part-time work or work with payment of sales commissions.
g. If the victim or claimant is paid in cash, the victim or claimant must submit a federal income tax return for the year prior to the crime and/or the year in which the crime occurred in order to substantiate wages. If the victim or claimant failed to file income taxes with the Internal Revenue Service or state of residency as required by law, then lost wages shall be denied.
h. If the victim or claimant fails to provide a copy of a federal income tax return as requested, the lost wages shall be denied.
i. Lost wages to attend criminal proceedings shall be verified by the appropriate law enforcement agency, court official or district attorney's office.
j. Additional information and supporting documentation may be requested for further determination on an as-needed basis.
5. Limitations: The following shall apply:
a. Victim must have been employed or receiving unemployment or Workers' Compensation benefits, at time of the crime.
b. Claimant must have been employed at time of the crime.
c. The amount of the award shall be based on the victim's/claimant's average gross income and reduced by estimated taxes and any available collateral sources. The average gross income is based on income for the 12 weeks prior to the crime, if 12 weeks of income information is available. (If the victim/claimant had worked less than 12 weeks prior to the crime, the available supporting documentation for the number of weeks worked will be used to calculate lost wages.) The award is calculated by using the average gross income minus estimated taxes of 15% or 20%. If the victim's/claimant's gross annual income was less than $ 25,000.00, a tax reduction rate of 15% will be applied. If the victim's/claimant's gross annual income was more than $ 25,000.00, a tax reduction of 20% will be applied. The amount of the award will then be reduced by any available collateral sources such as disability insurance or Social Security.
d. The amount of the award for a self-employed victim/claimant will be based on the victim's/claimant's gross income listed on the federal income tax return and reduced by estimated taxes and any available collateral sources. The award is calculated by using the gross income minus taxes of 15% or 20%. If the victim's/claimant's gross annual income was less than $ 25,000.00, a tax reduction rate of 15% will be applied. If the victim's/claimant's gross annual income was more than $ 25,000.00, a tax reduction rate of 20% will be applied. The amount of the award will then be reduced by any available collateral sources such as disability insurance or Social Security.
e. The amount of the award shall be reduced by any income from substitute work actually performed by the victim or claimant.
f. The amount of the award shall be reduced by income the victim or claimant would have earned if appropriate substitute work the victim or claimant was capable of performing was available, but the victim or claimant unreasonably failed to undertake.
g. No anticipated work shall be considered for compensation, unless the victim or claimant had been hired by an employer and was unable to begin employment as a result of the crime related injuries. The victim or claimant shall verify that he or she was employed at the time of the crime, but the beginning employment date was after the date the crime occurred. Employment and the duration of disability must be verified in the same manner as above.
h. Compensation for victim lost wages may not exceed 1) Six Hundred Dollars ($ 600.00) per week, 2) a total of fifty-two (52) weeks, and 3) the maximum available benefit amount allowed.
i. Compensation for claimant lost wages may not exceed 1) Six Hundred Dollars ($ 600.00) per week, 2) a total of fifty-two (52) weeks; and 3) the maximum available benefit amount allowed.
j. Compensation for court related lost wages to attend criminal proceedings may not exceed Six Hundred Dollars ($ 600.00) per week, not to exceed one (1) week.
k. Compensation for court related lost wages will be determined on a case-by-case basis.
l. Compensation for bereavement lost wages may not exceed Six Hundred Dollars ($ 600.00) per week, not to exceed one (1) week.
m. Bereavement lost wages will be determined on a case-by-case basis.
n. If there is more than one (1) claimant per request for bereavement lost wages, the amount of compensation shall be prorated among the claimants and the total amount of the award may not exceed Six Hundred Dollars ($ 600.00).
o. The total amount for victim or claimant lost wages may not exceed the aggregate limitation of Twenty Thousand Dollars ($ 20,000.00).
p. The victim and/or claimant may both receive compensation for lost wages during the victim's recovery of crime related injuries and/or to attend criminal proceedings. The amount of compensation shall be prorated among the victim and claimant and the total amount of the award may not exceed 1) Six Hundred Dollars ($ 600.00) per week, 2) a total of 52 weeks, and 3) the maximum available benefit amount allowed.
q. The Division will evaluate each request for lost wages on a case-by-case basis to determine reasonableness and duration of work loss.
r. Payment may be provided in a lump sum, but any payment for future economic loss may not exceed One Thousand Dollars ($ 1,000.00) and may be made only for a period as to which future economic loss can reasonably be determined.
s. An award for future economic loss may be modified upon findings that a material and substantial change of circumstances has occurred.
t. If any victim and/or claimant is in arrears for child support and a court order is in effect to retrieve child support payments from the victim and/or claimant, the Mississippi Department of Human Services will determine the amount owed by the victim and/or claimant for child support to be deducted from any lost wages owed the victim and/or claimant and that amount will be submitted to the Mississippi Department of Human Services for appropriate distribution.
u. Lost wages for work missed by a claimant (who is not the victim) to recover from his/her (the claimant's) mental/physical health issues relating to the crime (on which the claim is based) are not eligible for payment.
304. Loss of Support for Dependent(s).
1. Surviving dependent(s) of the deceased victim may be eligible to receive loss of support. Dependent may be a spouse or a child under the age of 18 (if the child is enrolled in school full-time on the date of the crime, then no later than the child's 21st birthday). Other family members in the household may be considered on a case-by-case basis. See § 304 (4) (f). Other limitations do apply and are discussed further in this chapter.
2. Claimant and Dependent Eligibility:
a. The victim must otherwise qualify for compensation before any award can be considered;
b. The claimant must otherwise qualify for compensation before any award can be considered;
c. The dependent must otherwise qualify for compensation and was wholly or partially dependent upon the victim for care and support at the time of the victim's death; and,
d. The claimant must provide all requested supporting documentation.
3. Verification: Supporting documentation as determined by the Division shall be submitted to verify and substantiate the expense eligibility. The following shall apply:
a. The claimant shall provide a report of the victim's earnings and available collateral information.
b. The claimant shall provide verification that the dependent was wholly or partially dependent upon the victim for care and support at the time of the victim's death.
c. The claimant shall provide verification that he or she is legally authorized to act on behalf of victim's dependent.
d. Additional information and supporting documentation may be requested for further determination on an as-needed basis.
4. Limitations: The following shall apply:
a. Compensation for dependent's loss of support may not exceed Six Hundred Dollars ($ 600.00) per week, not to exceed fifty-two (52) weeks; provided, however, if there is more than one (1) dependent per victim, the amount of compensation awarded shall be prorated among the dependents.
b. The total amount for loss of support may not exceed the aggregate limitation of Twenty Thousand Dollars ($ 20,000.00).
c. The amount of loss is based on the victim's income at the time of death. The income is determined by utilizing rules of wage loss in § 303.
d. All relevant collateral sources will be considered and shall be reduced from the eligible award. (See § 209)
e. The first One Hundred Fifty Thousand Dollars ($ 150,000.00) of life insurance may not be considered as a collateral source. Any amount more than One Hundred Fifty Thousand Dollars ($ 150,000.00) shall be deducted from the eligible award.
f. The Division will evaluate each request for loss of support on a case-by-case basis to determine reasonableness and relationships of victim, dependent and claimant. See § 304 (1).
g. Payment may be provided in a lump sum, but any payment for future economic loss may not exceed One Thousand Dollars ($ 1,000.00) and may be made only for a period as to which future economic loss can reasonably be determined.
h. An award for future economic loss may be modified upon findings that a material and substantial change of circumstances has occurred.
305. Funeral.
1. Eligible Expenses:
a. Reasonable charges for usual and customary expenses related to funeral, cremation or burial services and products include, but not limited to: funeral home professional and staff services, embalming, viewing facilities, wake facilities, equipment for grave side, newspaper announcements, transfer and transportation costs of deceased, casket, burial container, clothing for deceased, programs, register book, flowers, monument, cemetery plot, opening/closing of the grave, and death certificates, not to exceed Six Thousand Five Hundred Dollars ($ 6,500.00); and
b. Necessary and reasonable transportation costs to make arrangements and/or attend funeral services, not to exceed Eight Hundred Dollars ($ 800.00). Other limitations do apply and are discussed further in this chapter.
2. Victim and Claimant Eligibility:
a. Victim must otherwise qualify for compensation before any award can be considered.
b. Claimant or responsible party must otherwise qualify for compensation before any award can be considered.
3. Verification: Supporting documentation as determined by the Division shall be submitted to verify and substantiate the expense eligibility. The following shall apply:
a. The claimant or responsible party shall provide expense and collateral source information.
b. The claimant or responsible party shall provide appropriate documentation indicating the responsible party for the funeral expenses.
c. Additional information and supporting documentation may be requested for further determination on an as-needed basis.
4. Limitations: The following shall apply:
a. Compensation for eligible funeral expenses may not exceed a total of Six Thousand Five Hundred Dollars ($ 6,500.00).
b. Compensation for transportation costs to make arrangements and/or to attend funeral services may not exceed Eight Hundred Dollars ($ 800.00).
c. Total benefits for funeral and transportation may not exceed Seven Thousand Three Hundred Dollars ($ 7,300.00).
d. Award for clothing for the victim may not exceed Three Hundred Dollars ($ 300.00).
e. Award for flowers may not exceed Two Hundred Fifty Dollars ($ 250.00).
f. Award for a headstone and/or monument may not exceed Eight Hundred Fifty Dollars ($ 850.00).
g. Award for printing costs associated with funeral expenses may not exceed Two Hundred Dollars ($ 200.00). Examples include but not limited to: printing of funeral programs, acknowledgment cards, thank you cards, newspaper notice, obituaries, memorial cards, and/or other relevant documents.
h. Transportation to arrange or attend services shall be at least forty-five (45) miles, one way from the claimant's residence.
i. Award for transportation costs shall be limited to mileage and bus, train and air fare.
j. Award for transportation costs shall be reimbursed at thirty-five cents (.35) per mile. If there is more than one (1) claimant per request for transportation costs, the amount of compensation shall be prorated among the claimants and the total amount of the award may not exceed Eight Hundred Dollars ($ 800.00).
k. Social Security Death Benefits, memorials, benevolent funds, donations and burial insurance are considered as collateral sources and shall be reduced from the award.
l. The Division will evaluate each request on a case-by-case basis to determine reasonableness of charges incurred for usual and customary expenses for funeral, cremation or burial services and products; and transportation costs.
m. If multiple eligible claimants do not submit specific amounts paid (by each claimant) for products or services purchased, an equal amount will be reimbursed among all eligible claimants.
5. Ineligible funeral expenses:
a. Clothing for the victim's family members or dependents is not eligible.
b. Building rental, food or other items associated with a repast are not eligible.
306. Temporary Housing Assistance.
1. Upon referral and certification by a law enforcement officer, prosecutor, judicial officer, or certified/regulated domestic violence shelter director or representative from said agency or entity, temporary housing assistance may be available for domestic violence victims who have an immediate need for temporary housing assistance in order to escape from a domestic violence environment if it is determined that the victim is in imminent danger.
2. For the purposes of this rule, domestic violence shall mean the following acts:
a. Simple or aggravated assault as defined in Section 97-3-7 of the Mississippi Code;
b. Sexual battery as defined in Section 97-3-95 of the Mississippi Code;
c. Rape as defined in Section 97-3-65 of the Mississippi Code;
d. Stalking as defined in Section 97-3-107 of the Mississippi Code;
e. Kidnapping as defined in Section 97-3-53 of the Mississippi Code; or
f. Cyberstalking as defined in Section 97-45-15 of the Mississippi Code provided that these acts have occurred between current or former spouses, persons living as spouses or who formerly lived as spouses, family members related by blood or marriage who reside with each other or who formerly resided with each other, persons with a child in common, or persons in a current or former dating relationship.
3. The following factors will be considered to determine if "imminent danger" exists:
a. The nature of the crime;
b. The amount of danger the offender poses to the victim and/or the victim's family.
c. Prior acts or threats by the offender;
d. The level of the threat or action that may create the "imminent danger";
e. Any other relevant factors, including, but not limited to, whether an order of protection or restraining order exists, or the opinion(s) of the investigating law enforcement agency or the prosecuting attorney.
4. Temporary housing assistance expenses considered for payment include the following: personal vehicle mileage (.35 per mile), lodging (hotel/motel) not to exceed $ 80.00 per day, and meal expenses not to exceed $ 30.00 per day. If more than one eligible person is temporarily housed, meal expenses may not exceed $ 50.00 per day in the aggregate. Justification for temporary housing assistance expenses other than those listed above must be submitted, in writing, as being necessary. These expenses will be considered on a case-by-case basis.
5. In order for an award to be granted to a victim for temporary housing:
a. The victim must be referred and their need certified by the appropriate agency or entity as stated in § 306 (1). If the referring and certifying agency/entity is a domestic violence shelter, the shelter must be certified by the Mississippi Coalition Against Domestic Violence or regulated by the Mississippi Department of Health (MDH). Exception: If the victim goes to a shelter in a surrounding state, the request for assistance will be considered if the domestic violence shelter is certified/regulated by an authorized entity in that state. Each of these requests will be considered on a case by case basis;
b. The domestic violence offense must have been reported to law enforcement as required in § 202 and there must be evidence to support the commission of a violent crime;
c. Officials must assert that the victim is cooperating with law enforcement and other officials in the investigation and prosecution of the offender. This requirement may be waived if there is compelling health or safety reasons that would jeopardize the well being of the victim/claimant. See § 207 (4);
d. The victim must be deemed in imminent danger. See § 102 (8) and § 306 (3);
e. Documentation that the victim has developed a safety plan must be submitted by appropriate official(s); and
f. In addition, any other requirements/ limitations as discussed further in this chapter must be met/apply.
6. The victim has the ultimate responsibility for providing the following information and documentation to support eligibility and benefit payment:
a. Victim Compensation application;
b. Domestic Violence Temporary Housing Certification form, completed and signed by the referring/certifying agency/entity representative as specified in § 306 (1);
c. Domestic Violence Temporary Housing Victim Affirmation form completed and signed by the victim and the referring/certifying agency/entity representative as specified in § 306(1); and
d. Temporary Housing expense receipts and other supporting documentation as needed.
7. By signing the Temporary Housing Victim Affirmation form, the victim affirms:
a. That she or he and the offender are not residing together and she or he does not intend to reside with the offender in the future; and
b. That she or he will cooperate with all phases of involvement with law enforcement officials and prosecution officials (see § 306 [5] [c] for exception).
8. The victim/claimant must otherwise qualify for Victim Compensation before any award can be considered.
9. Upon receipt of the Victim Compensation claim application, Division staff will request law enforcement information from the appropriate law enforcement agency.
10. All expenses must be verified by supporting documentation. Documentation includes, but is not limited to, itemized bills and receipts.
11. Additional information and supporting documentation may be required on an as needed basis for further determination of expense eligibility.
12. Limitations for temporary housing assistance include, but are not limited to, the following:
a. Compensation for temporary housing assistance may not exceed Five Hundred Dollars $ 500.00).
b. A second claim request for temporary housing assistance benefits will not be paid.
c. Expenses for family members, friends, or acquaintances associated with the victim's move will not be paid. An exception may be made for mileage expenses. Mileage expenses will be considered on a case by case basis; these expenses must be reasonable and necessary as determined at the discretion of the Director.
d. Travel to the temporary housing location must be at least forty-five (45) miles one way, from the victim's/claimant's residence, to receive mileage reimbursement.
e. Expenses for personal time (lost wages) for packing and moving will not be paid.
f. Temporary housing assistance benefits will only be considered for approval when other temporary housing assistance (i.e. domestic violence shelter) has been sought, but for circumstances beyond the control of the victim and the referring domestic violence shelter (or other agency/entity), other temporary housing is not available.
g. Due or overdue utility expenses for a residence the victim is leaving to move to temporary housing are not eligible for reimbursement.
307. Relocation Assistance.
1. Upon referral and certification by a certified/regulated domestic violence shelter director or representative from said agency or entity, relocation assistance may be available for domestic violence victims who have an immediate need for relocation assistance in order to escape from a domestic violence environment if it is determined that the victim is in imminent danger.
2. For the purposes of this rule, domestic violence shall mean the following acts:
a. Simple or aggravated assault as defined in Section 97-3-7 of the Mississippi Code;
b. Sexual battery as defined in Section 97-3-95 of the Mississippi Code;
c. Rape as defined in Section 97-3-65 of the Mississippi Code;
d. Stalking as defined in Section 97-3-107 of the Mississippi Code;
e. Kidnapping as defined in Section 97-3-53 of the Mississippi Code; or
f. Cyberstalking as defined in Section 97-45-15 of the Mississippi Code provided that these acts have occurred between current or former spouses, persons living as spouses or who formerly lived as spouses, family members related by blood or marriage who reside with each other or who formerly resided with each other, persons with a child in common, or persons in a current or former dating relationship.
3. The following factors will be considered to determine if "imminent danger" exists:
a. The nature of the crime;
b. The amount of danger the offender poses to the victim and/or the victim's family.
c. Prior acts or threats by the offender;
d. The level of the threat or action that may create the "imminent danger";
e. Any other relevant factors, including, but not limited to, whether an order of protection or restraining order exists, or the opinion(s) of the investigating law enforcement officer, the prosecuting attorney or representative for said agency or entity.
4. Relocation assistance expenses considered for payment include the following: rental deposit, rent for the first month, utilities deposit (electric/gas/water) and utilities (electric/gas/water) for the first month, telephone deposit (basic service and caller ID), telephone connection/activation fees, moving company fees, moving van rental fees, vehicle rental fees (car, truck, etc.), gasoline for rental vehicle, personal vehicle mileage (.35 per mile), long distance transportation (including bus, train, airfare), lodging (hotel/motel) while in transit not to exceed $ 80.00 per day, and meal expenses during relocation not to exceed $ 30.00 per day. If more than one eligible person is relocating, meal expenses may not exceed $ 50.00 per day in the aggregate. Justification for relocation assistance expenses other than those listed above must be submitted, in writing, as being necessary. These expenses will be considered on a case-by-case basis.
5. In order for an award to be granted to a victim for relocation assistance:
a. The domestic violence offense must have been reported to law enforcement as required in § 202 and there must be evidence to support the commission of a violent crime;
b. The victim must be referred and their need certified by a domestic violence shelter. The domestic violence shelter must be certified by the Mississippi Coalition Against Domestic Violence or regulated by the Mississippi Department of Health (MDH). Exception: If the victim goes to a shelter in a surrounding state, the request for assistance will be considered if the domestic violence shelter is certified/regulated by an authorized entity in that state. Each of these requests will be considered on a case by case basis;
c. The domestic violence shelter must assert that the victim is cooperating with law enforcement officials and other officials in the investigation and prosecution of the offender. This requirement may be waived if there is compelling health or safety reasons that would jeopardize the well being of the victim/claimant. See § 207 (4);
d. The victim must be deemed in imminent danger. See § 102 (8) and § 307 (3);
e. Documentation from the domestic violence shelter must be submitted that indicates the victim has developed a safety plan; and
f. In addition, any other requirements/limitations as discussed further in this chapter must be met/apply.
6. The victim has the ultimate responsibility for providing the following information and documentation to support eligibility and benefit payment:
a. Victim Compensation application;
b. Domestic Violence Relocation Certification form completed and signed by the referring/certifying agency/entity representative as specified in § 307 (1);
c. Domestic Violence Relocation Victim Affirmation form completed and signed by the victim and the referring/certifying agency/entity representative as specified in § 307 (1);
d. Lease/rental agreement copy (when applicable); and
e. Relocation expense receipts and other supporting documentation as needed.
7. The victim/claimant must otherwise qualify for victim compensation before any award can be considered.
8. Upon receipt of the claim application, Division staff will request law enforcement information from appropriate law enforcement agency.
9. A protective order for domestic violence will not be accepted as proof of a domestic violence offense. In addition, a violation of the protective order will not be accepted as proof of a domestic violence offense, unless domestic violence occurred at the time of the protective order violation and is documented by a law enforcement offense report.
10. If the victim did not reside in an identifiable abode or was considered homeless or transient at the time of the victimization she or he will not be considered for relocation assistance. The only exception is when the offense report clearly states the victim is residing in a structure designed for sleeping or housing. Such structures would include tents, boats, motor homes, campers, and hotels.
11. By signing the Relocation Assistance Victim Affirmation form, the victim certifies the following:
a. That she or he and the offender are not residing together and she or he does not intend to reside with the offender in the future; and
b. That she or he will cooperate with all phases of involvement with law enforcement officials and prosecution officials (see § 307 [5][c] for exception).
12. Additional information and supporting documentation may be required on an as needed basis for further determination of expense eligibility.
13. Limitations for relocation assistance include, but are not limited to the following:
a. Relocation assistance benefits may not be used as a deposit to purchase a home.
b. Compensation for relocation assistance may not exceed Two Thousand Dollars ($ 2,000.00).
c. A second claim request for relocation assistance benefits will not be paid.
d. Expenses for family members, friends, or acquaintances associated with the victim's move will not be paid. An exception may be made for mileage expenses. Mileage expenses will be considered on a case by case basis; these expenses must be reasonable and necessary as determined at the discretion of the Director.
e. Travel to the relocation location must be at least forty-five (45) miles one way, from the victim's/claimant's residence, to receive mileage reimbursement.
f. Expenses for personal time (lost wages) for packing and moving will not be paid.
g. Relocation Assistance benefits will only be considered for approval when other relocation assistance (i.e. domestic violence shelter) has been sought, but for circumstances beyond the control of the victim and the referring domestic violence shelter, other relocation assistance is not available.
h. Due or overdue utility expenses for a residence the victim is leaving to move to the "relocated" residence are not eligible for reimbursement.
308. Crime Scene Cleanup.
1. Compensation may be awarded for reasonable and necessary out-of-pocket expenses incurred for cleaning supplies, equipment rental and labor needed to clean the scene of a homicide or assault and for which reimbursement from collateral sources is not available including, but not limited to, homeowners' insurance.
2. "Cleaning the scene" means to remove, or attempt to remove, from the crime scene, blood, dirt, stains or other debris caused by the crime.
3. The victim/claimant must otherwise qualify for compensation before any award can be considered.
4. All expenses must be verified by supporting documentation and by signatures of the appropriate individual(s)/official(s). Documentation includes, but is not limited to, itemized bills and receipts.
5. All expenses must be evaluated to determine reasonableness of expenses and eligible award amount.
6. Additional information and supporting documentation may be requested for determination of expense eligibility.
7. Limitations for crime scene cleanup include, but are not limited to, the following:
a. Compensation awarded for crime scene cleanup costs does not include replacement and/or repair expenses for personal property and furniture which has been rendered damaged or useless as a result of the crime or the collection of evidence for purposes of investigating the crime.
b. Crime scene cleanup benefit does not include places of employment, public access or other premises in which the cleanup costs are not the financial responsibility of the victim/claimant.
c. Crime scene cleanup services compensated may only be performed by a professional cleaning service agency or service which specializes in crime scene cleanup. Exceptions will be considered on a case-by-case basis.
d. Claims seeking exclusively reimbursement for crime scene cleanup may only be awarded through an eligible victim compensation claim filed with this Division by, or on behalf of, the direct victim. Claims exclusively seeking reimbursement for crime scene cleanup will not be eligible for an award of compensation, but may be merged with and compensated through an eligible claim as described in this paragraph.
e. Compensation for crime scene cleanup may not exceed One Thousand Dollars ($ 1,000.00).
309. Court Related Travel.
1. Compensation may be awarded for the reasonable and necessary travel costs for attendance at criminal justice proceedings.
2. Criminal justice proceedings are defined as investigative or court proceedings for the criminal case upon which the claim is based and include appointments with investigators, prosecuting attorney and/or correction officials, grand jury, trial, plea hearings, sentencing hearings, parole board hearings, and other post conviction hearings.
3. Eligible costs include mileage, airfare, bus fare, train fare, lodging and meals.
4. The victim/claimant must otherwise qualify for compensation before any award can be considered.
5. All expenses must be verified by supporting documentation and by signatures of the appropriate individual(s)/official(s).
6. All expenses must be evaluated to determine reasonableness of expenses and eligible award amount.
7. Additional information and supporting documentation may be requested for determination of expense eligibility.
8. Limitations for court related transportation include, but are not limited to the following:
a. If there is more than one (1) claimant per request for court related travel, each request will be considered on a case-by-case basis, and the total amount allowable will be prorated among the claimants.
b. Necessary and reasonable transportation costs to attend criminal justice proceedings will be considered for payment if the proceedings are held at least forty five (45) miles (one-way) from the victim's/claimant's residence.
c. Award for transportation mileage costs shall be reimbursed at thirty-five cents (.35) per mile.
d. Lodging (hotel/motel) costs reimbursement shall not exceed $ 80.00 per day, and meal expense reimbursement shall not exceed $ 30.00 per day unless there is more than one eligible person and then meal reimbursement shall be no more than $ 50.00 per day in the aggregate.
e. Compensation for court related travel expenses may not exceed One Thousand Dollars ($ 1,000.00).
310. Repair and/or Replacement Costs.
1. Compensation may be awarded for the reasonable repair or replacement costs for the victim/claimant to repair and/or replace exterior broken windows, doors, locks or other security devices of a residential dwelling destroyed by the offender during a violent crime and directly contribute to maintaining a healthy and/or safe environment for the victim/claimant.
2. Compensation may be awarded for the reasonable cost to replace keys or locks of the victim's residence, when, during the violent crime, the victim's keys were stolen.
3. The victim/claimant must otherwise qualify for compensation before any award can be considered.
4. All expenses must be verified by supporting documentation and by signatures of the appropriate individual(s)/official(s).
5. All expenses must be evaluated to determine reasonableness of expenses and eligible award amount.
6. Additional information and supporting documentation may be requested for determination of expense eligibility.
7. Compensation for repair and/or replacement costs may not exceed One Thousand Dollars ($ 1000.00).
311. Execution Travel
1. Compensation may be awarded for the reasonable and necessary costs of traveling to and from a place of execution for the purpose of witnessing the execution.
2. Eligible costs include mileage, airfare, bus fare, train fare, lodging and meals.
3. The victim/claimant must otherwise qualify for compensation before any award can be considered.
4. Additional information and supporting documentation may be required on an as needed basis for further determination of expense eligibility.
5. Limitations for execution travel include, but are not limited to the following:
a. If there is more than one (1) claimant per request for execution travel, each request will be considered on a case-by-case basis, and the total amount allowable will be prorated among the claimants.
b. Necessary and reasonable transportation costs to attend an execution will be considered for payment if the execution is held at least forty-five (45) miles (one-way) from the victim's/claimant's residence.
c. Award for transportation costs shall be reimbursed at thirty-five cents (.35) per mile.
d. Compensation for execution travel may not exceed One Thousand Dollars ($ 1,000).
312. School/College/University Tuition Loss.
1. Eligible Expenses:
a. Lost tuition may be eligible for tuition paid and unused by the victim during recovery of personal injuries, herein known as victim tuition loss.
b. Lost tuition may be eligible for tuition paid and unused by the claimant during the victim's recovery of personal injuries, herein known as claimant tuition loss.
c. Lost tuition may be eligible for tuition paid by the claimant and unused by the victim due to the victim's death.
2. Victim eligibility:
a. The victim must otherwise qualify for compensation before any award can be considered.
b. Tuition loss for the victim shall be limited to cases in which the victim had a loss of tuition during recovery of personal injuries, attended medical appointments and/or mental health counseling sessions.
c. The victim must provide all requested supporting documentation.
3. Claimant eligibility:
a. The victim/claimant must otherwise qualify for compensation before any award can be considered;
b. Tuition loss for the claimant shall be limited to cases in which the claimant had a loss of tuition in order to assist the victim during the victim's recovery of personal injuries, accompanied victim to mental health counseling sessions and/or accompanied victim to medical appointments.
c. The victim/claimant must provide all requested supporting documentation.
4. Verification: Supporting documentation as determined by the Division shall be submitted to verify and substantiate the expense eligibility. The following shall apply:
a. The victim and/or claimant shall provide tuition loss supporting documentation and collateral source information.
b. The victim or claimant shall provide a disability statement from the victim's attending licensed medical doctor or doctor of osteopathy licensed to practice medicine (see 4 [c] for exception) indicating the duration of the victim's disability.
c. The disability statement shall be signed by a licensed medical doctor or doctor of osteopathy licensed to practice medicine. Disability statements signed by any other provider, such as therapists, shall not be accepted for consideration. Exception: Victim/Claimant may submit a Statement of Disability Report form completed and signed by a (Certified) Advanced Practice Registered Nurse in lieu of a medical doctor or doctor of osteopathy licensed to practice medicine. If the disability period appears to be unreasonable, then the victim/claimant will be required to have a medical doctor or doctor of osteopathy licensed to practice medicine complete the form. This will be determined on a case by case basis.
d. Additional information and supporting documentation may be requested for further determination on an as-needed basis.
5. Limitations: The following shall apply:
a. The victim must have been enrolled at a school, college or university as a full or part- time student at the time of the crime and unable to continue attendance at that school due to death or disability.
b. The amount of the award shall be based on the amount of tuition not refunded by the school and reduced by any available collateral sources including, but not limited to, school grants.
c. Textbook costs are not eligible for reimbursement.
d. Tuition loss of a deceased victim shall not be eligible if the claimant does not have legal obligation or liability of losses incurred by the victim. However, tuition loss may be eligible, if the claimant signed for financial responsibility of the tuition expense or made voluntary payments.
e. Compensation for tuition loss my not exceed Two Thousand Dollars ($ 2,000.00).
f. The victim and claimant may both receive compensation for lost tuition during the victim's recovery of crime related injuries. (This only applies to claims where both the victim and the claimant were enrolled at a school, college or university as full or part-time students at the time of the crime and unable to continue because of the victim's disability resulting from the crime.) The amount of compensation shall be prorated among the victim and claimant and the total amount of the award may not exceed Two Thousand Dollars ($ 2,000.00).
g. The total amount for victim or claimant lost tuition may not exceed the aggregate limitation of Two Thousand Dollars ($ 2,000.00).
313. Other Necessary Crime-Related Expenses.
1. Other crime related expenses not previously mentioned above may be considered on a case-by-case basis. Expenses must be necessary and reasonable for actual services and products directly related to crime injuries.
2. Victim and Claimant Eligibility:
a. Victim must otherwise qualify for compensation before any award can be considered.
b. Claimant must otherwise qualify for compensation before any award can be considered.
3. Verification: Supporting documentation as determined by the Division shall be submitted to verify and substantiate the expense eligibility. The following shall apply:
a. The victim/claimant shall provide expense information.
b. The victim/claimant shall provide collateral source information.
c. Additional information and supporting documentation may be requested for further determination on an as-needed basis.
4. Limitations: Each request will be processed on a case-by-case basis to determine the necessity and reasonableness of service or product and expense.
314. Ineligible Expenses.
1. Ineligible expenses include, but not limited to, damaged or stolen property, pain and suffering, expenses not directly related to the crime injuries, attorney's fees, or treatment not rendered by a licensed medical professional, mental health provider or facility.