RULES AND REGULATIONS
Title 37—LAW
Office of Victims' Services
[ 37 PA. CODE CH. 411 ]
Crime Victims Compensation
[39 Pa.B. 6980]
[Saturday, December 12, 2009]The Office of Victims' Services (OVS) of the Pennsylvania Commission on Crime and Delinquency (PCCD) amends §§ 411.2, 411.17 and 411.42 to read as set forth at 39 Pa.B. 2591 (May 23, 2009) and amends § 411.1 to read as set forth in Annex A. This final-form rulemaking has been submitted with no revisions to the proposed rulemaking.
Statutory Authority
This final-form rulemaking is authorized under section 312(3) of the Crime Victims Act (act) (18 P. S. § 11.312(3)).
Purpose of Chapter
Chapter 411 sets forth regulations governing the processing of crime victim compensation claims, providing for reimbursement to crime victims of crime related expenses when no other resources are available.
Purpose of the Final-Form Rulemaking
The purpose of the final-form rulemaking is to increase reimbursement to crime victims in accordance with rising costs, expand eligibility for reimbursement and simplify claims processing procedures, while reducing the percentage that OVS may reimburse hospitals and other licensed health care providers to conform to the practice of other third party payors.
Summary of Amendments
Section 411.1 (relating to scope) has been amended to establish the effective date for the amendments.
Section 411.2 (relating to definitions) has been amended to increase the number of days a victim has to relocate under the definition of ''immediate need'' from 30 days to 120 days.
Section 411.17 (relating to emergency awards) has been amended to increase the maximum compensation allowed for an emergency award from $1,500 to $5,000 per claim.
Section 411.42 (relating to out-of-pocket loss) has been amended as follows:
Subsection (b) has been amended to reduce the percentage of the usual and customary charge for services rendered that OVS may reimburse to providers from 70% to 65% and to set the effective date for this percentage change. This reduction conforms to the practice of other third-party payors. This section has also been amended to allow reimbursement to a victim who has been billed in error for a forensic rape exam. The reimbursement for a forensic rape exam billed in error will be subject to the $1,000 monetary limit.
Subsection (c) has been amended to increase the total award for funeral expenses from $5,000 to $6,500 and eliminate caps on individual expenses. The elimination of individual caps will allow the claimant flexibility in submitting expenses and increase the reimbursement to claimant on individual expenses within the $6,500 maximum award. This section is also amended to add the cost of an ''urn'' as an eligible funeral expense.
Subsection (f) has been amended to increase the total reimbursement amount from $1,000 per crime incident per household to $1,000 for each direct victim within the household, when immediate relocation is necessary as a result of the crime. Since there may be more than one direct victim of a crime, this amendment allows each direct victim to receive compensation up to $1,000 per household.
Subsection (g) has been amended to include travel reimbursement associated with attendance or participation in court proceedings and other circumstances if good cause is shown and for attendance of funeral services. The addition of ''good cause'' allows OVS discretion if a travel expense is not specifically listed in the regulation, but the travel was necessary as a result of the crime.
Subsection (h) has been amended to include food, paint or other materials used to deface property as eligible for crime scene cleanup reimbursement.
Comments and Responses
Notice of the proposed rulemaking was published at 39 Pa.B. 2591 (May 23, 2009) with a 30-day comment period. During the 30-day comment period, comments were received from Alice Paul House in Indiana County and the Network of Victim Assistance in Bucks County.
Comment
Alice Paul House expressed that the $100 minimum out of pocket loss requirement for filing a claim for compensation should be eliminated.
Response
The $100 minimum out of pocket loss requirement is a statutory requirement and cannot be addressed through regulations. Alice Paul House commented in support of the proposed amendments.
The Network of Victim Assistance commented in support of the proposed amendments.
The House and Senate Judiciary Committees (Committees) had no objections, comments or recommendations on these amendments.
The Independent Regulatory Review Commission (IRRC) had no objections, comments or recommendations on these amendments.
Persons and Entities Affected
Victims of crimes, as defined in the act, will benefit from the increase in reimbursement for funeral expenses in keeping with current costs for services and allowing flexibility for reimbursement within the $6,500 maximum award. The number of days, as defined in immediate need, expands the relocation time frame, allowing victims sufficient time to relocate to become or remain safe.
Medical providers will be adversely affected because they will receive less reimbursement with the 65% rate. However, the 65% reimbursement rate conforms to the practice of other third-party payors.
Fiscal Impact
It is estimated that the recommended changes will aid 1,149 victims by increasing benefits that are available through victim's compensation. The fiscal impact to PCCD will consist of an estimated annual net savings of $143,739. This calculation takes into account the estimated costs to PCCD from increased benefits of $151,261 and savings to PCCD resulting from reducing the awards to medical providers from a 70% reimbursement rate to 65% on behalf of the victim ($295,000).
Summary of Costs, Savings and Federal Reimbursements
Year One (2009-2010)—It is estimated that implementation of this schedule will take place by December 1, 2009, therefore statistics are included for that part of State Fiscal Year 2009-2010. As the average time from the date of a crime incident until the date a claim is filed is 92 days, or 3 months, the costs have been projected for 4 months (March 1, 2010 to June 30, 2010). The savings from the reduction in the reimbursement rate for medical providers affects benefits for claims relating to services rendered on or immediately after the effective date of the regulation; therefore, the savings have been projected for the entire 7 months (December 1, 2009 to June 30, 2010). Costs are estimated at $126,051; savings are projected at $172,083; or an overall savings of $46,033.
Year Two (2010-2011)—First full year of implementation. For this period, costs are projected at $378,152 with savings estimated at $295,000, or an overall cost of $83,152.
Year Three (2011-2012)—For this period, costs are projected at $397,060 with savings estimated at $309,750, or an overall cost of $87,310.
Victims of Crime Act (VOCA) Reimbursement—State victims compensation programs enjoy a 60% reimbursement that is eventually returned by the United States Department of Justice (DOJ) under VOCA funding stream for allowable benefits paid under the program. As all of the rates set by the Office under the act are for benefits allowable under VOCA, the cost figures would need to be adjusted downward to reflect the 60% reimbursement that will be paid to PCCD by DOJ. Costs paid in 2009-2010 will be reimbursed by VOCA in 2011-2012; costs paid in 2010-2011 will be reimbursed in 2012-2013, and the like.
For year one (2009-2010), the VOCA reimbursement will be $75,630 resulting in an overall savings of $121,663 ($126,051 at 60% = $75,630 reimbursement) which will be paid by the DOJ in 2011-2012. Therefore, the real cost of the increased benefits will actually be a savings of $121,663 ($46,033 + DOJ VOCA reimbursement of $75,630 = $121,663).
For year two (2010-2011), the VOCA reimbursement will be $226,891 resulting in an overall cost savings of $143,739 ($378,152 at 60% = $226,891 reimbursement) which will be paid by VOCA in 2012-2013. Therefore, the real cost of the increased benefits will actually be a savings of $143,739 ($83,152 + DOJ VOCA reimbursement of $226,891 = $143,739).
For year three (2011-2012), the VOCA reimbursement will be $238,236 resulting in an overall cost savings of $150,926 ($397,060 at 60% = $238,236 reimbursement) which will be paid by VOCA in 2013-2014. Therefore, the real cost of the increased benefits will actually be a savings of $150,926 ($87,310 + DOJ VOCA reimbursement of $238,236 = $150,926).
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)) on May 13, 2009, OVS submitted a copy of these proposed amendments, published at 39 Pa.B. 2591 (May 23, 2009), to IRRC and to the Committees. In addition to submitting the proposed amendments, OVS has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form.
In compliance with section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period. The public comments were supportive of the amendments. IRRC had no comments or objections to the amendments. The Committees provided no comments.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2), the final-form rulemaking was deemed approved by the Committees effective October 21, 2009. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC effective October 21, 2009. The Attorney General approved the final-form rulemaking on November 23, 2009.
Effective Date
This final-form rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Sunset Date
No sunset date has been assigned. These regulations will be reviewed annually.
Contact Person
The contact person for additional information regarding this final-form rulemaking is Lynn Shiner, Deputy Director, Office of Victims' Services at (717) 265-8736.
Findings
(1) Public notice of the intention to adopt amendments to the regulations has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).
(2) A public comment period was provided as required by law and all comments were considered and forwarded to IRRC and the Committees.
(3) No modifications to these regulations in response to comments received were necessary or made and therefore there is no enlargement of the purpose of the proposed regulation published at 39 Pa.B. 2591.
(4) The adoption of this final-form rulemaking in the manner provided by this order is necessary and appropriate for administration and enforcement of the authorizing statute.
Order
The Commission, acting under the authorizing statutes, orders that:
(a) The Crime Victims Compensation regulations, 37 Pa. Code Chapter 411, are amended by amending §§ 411.2, 411.17 and 411.42 to read as set forth at 39 Pa.B. 2591 and by amending § 411.1 to read as set forth in Annex A.
(b) The Commission shall submit this order, 39 Pa.B. 2591, and Annex A to the Office of General Counsel and the Office of Attorney General for approval as required by law.
(c) The Commission shall submit this order, 39 Pa.B. 2591, Annex A and a Regulatory Analysis Form to IRRC and the Committees for their review and action as required by law.
(d) The Commission shall certify this order, 39 Pa.B. 2591, and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(e) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
MICHAEL J. KANE,
Executive Director(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 39 Pa.B. 6524 (November 7, 2009).)
Fiscal Note: Fiscal Note 35-31 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 37. LAW
PART VI. COMMISSON ON CRIME AND DELINQUENCY
CHAPTER 411. CRIME VICTIMS COMPENSATION
GENERAL PROVISIONS § 411.1 Scope.
Except as otherwise provided, this chapter applies to claims for compensation relating to crime injuries occurring on or after December 12, 2009.
[Pa.B. Doc. No. 09-2274. Filed for public inspection December 11, 2009, 9:00 a.m.]
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