Victims of violence and their families are forced to deal with emotional, physical, and, in most cases, the financial aftermath of a crime. Most states have created a fund to assist innocent victims of certain crimes and their family members when there is no other means of paying for crime-related income or medical losses.
Use of the crime victims funds is often overlooked or not even offered to victims. Most victims aren’t aware such a fund even exists. Seeking some monetary restitution can not reverse the criminal act itself, but it can offer victims and their families financial relief.
Awareness can be an extremely useful tool. Assisting victims and their families in seeking restitution may be easier than it seems.
Each state has varying qualification and eligibility requirements. However, medical providers should be aware that some states may not require that the crime occur within that state. In Texas, applicants must first establish residency. The crime must have occurred to a Texas or US resident, or the crime must involve a Texas resident who becomes a victim in another state or country that does not have crime victims’ compensation benefits for which the victim would be eligible. Furthermore, the crime must be reported to the appropriate law enforcement agency within a reasonable period of time.
SPECIFIC QUALIFICATIONS MUST BE MET
Qualifying a victim or family member for benefits is the next step once residency has been established. According to the Texas Code of Criminal Procedures (TCCP, Art. 56.32), qualifying events include:
– an innocent victim of crime who suffers physical and/or emotional harm or death
– an authorized individual acting on behalf of a victim
– a person who legally assumes the obligations or voluntarily pays certain expenses related to the crime on behalf of the victim
– a dependent of a victim
– an immediate family member or household members related by blood or marriage who require psychiatric care or counseling as a result of the crime
– an intervenor who goes to the aid of the victim or a peace officer
– a peace officer, fire fighter, or individual whose employment includes the duty of protecting the public
A victim or family member will not qualify for any benefits if:
– they knowingly or willingly participated in the crime
– they are the offender or accomplice of the offender
– they were incarcerated in a penal institution or on probation or parole for a felony involving criminally injurious conduct at the time of the crime
– they knowingly or intentionally submit false or forges information to the attorney general
The TCCP, Art. 56.32 (4) also requires that the crimes involving “criminally injurious conduct”, which is defined as conduct that occurs or is attempted, poses a substantial threat of personal injury or death and is, or would be, punishable by fine, imprisonment or death. This includes sex offenses, kidnapping, aggravated robbery, assaultive offenses, arson, homicide, and other violent crimes in which the victim suffers physical or emotional harm or death.
In addition to these crimes are the following motor-vehicle related crimes that are covered, failure to stop and render aid, DWI, manslaughter, criminally negligent homicide, aggravated assault, intoxication manslaughter and intoxication assault.
Usually, a crime victims fund is the “payer of last resort.” It is a secondary source that pays for certain out-of-pocket expenses the victim or family would be responsible for as a result of the crime. Other available resources may have to pay before any payment will be released by the victims’ crime fund.
MEDICAL PROVIDERS REAP BENEFITS
Approved claims may be awarded compensation for the following medical-related expenses related to the crime:
– Medical or hospital charges
– physical therapy or nursing care
– psychiatric care or counseling
– loss of wages and travel to seek medical treatment
In the case of catastrophic injuries resulting in a total and permanent disability, the victim may be eligible for medical benefits for:
– training in the use of special appliances
– home health care
In an attempt to seek restitution, an application often must be completed by the victim or family member. Every law enforcement agency in Texas is required to provide victims of crime with information about the Crime Victims’ Compensation program and an application. Applications are also available from prosecutors’ offices. Their victim assistance coordinators are required to provide assistance to victims who ask for help filling out the form. Hospitals and medical centers may also have applications.
Texas applications can be obtained directly from the Crime Victims’ Compensation Division in the Office of the Attorney General by calling 1-800-983-9933. Or you may download and fill out the Online Application and mail it in. The web site for TCVCF is www.oag.state.tx.us.
The deadline for filing an application varies by state. Texas has a three year deadline form the date of the crime. The time may be extended for good cause, including the age of the victim or the physical or mental incapacity of the victim. Other states, such as, New York and California have one year filing limitations.
Once the application is filed, a decision about whether the victim or claimant is eligible is made within 45 days. Each state has a different dollar maximum set for benefit allocation. In Texas claims may be approved for benefits up to a total of $50,000. Funds may be paid to the victim/claimant or to service providers on behalf of the victim. The fund is administered by the Crime Victims’ Compensation Division of the Office of the Attorney General. Ironically enough, the money in the fund comes from people who actually break the law. Who says crime doesn’t pay?
Pam Scott is a medical claims consultant for Appeal Solutions. Ms. Scott has more than ten years of experience in reviewing and appealing medical claims and has conducted a number of provider seminars on this subject.
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