February 1, 2005, Introduced by Senators JOHNSON, BISHOP, BIRKHOLZ, SANBORN, CASSIS, TOY, PATTERSON, KUIPERS, SWITALSKI, PRUSI, BRATER, OLSHOVE, JACOBS, CROPSEY, BROWN, HARDIMAN, VAN WOERKOM, GOSCHKA, SIKKEMA, HAMMERSTROM, GARCIA, GILBERT, GEORGE, ALLEN, McMANUS, JELINEK, STAMAS, CHERRY, THOMAS, SCOTT, BERNERO, CLARK-COLEMAN, BASHAM, BARCIA, SCHAUER, CLARKE, LELAND and EMERSON and referred to the Committee on Judiciary.
A bill to amend 1976 PA 223, entitled
"An act to create an agency concerned with crime victim services;
to prescribe its powers and duties; to provide compensation to
certain victims of crimes; to provide for the promulgation of
rules; and to provide for penalties,"
by amending the title and sections 4, 5, 6, and 10 (MCL 18.354,
18.355, 18.356, and 18.360), as amended by 1996 PA 519, and by
adding section 5a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to create an agency concerned with crime victim
services; to prescribe its powers and duties; to provide
compensation
to certain victims of crimes crime
victims and to
health care providers that provide medical services to certain
crime victims; to regulate payment for medical services provided to
certain crime victims; to provide for the promulgation of rules;
and to provide for penalties.
Sec. 4. (1) Except as provided in subsection (2), the
following persons are eligible for awards:
(a) A victim or an intervenor of a crime.
(b) A surviving spouse, parent, grandparent, child, sibling,
or grandchild of a victim of a crime who died as a direct result of
the crime.
(c) Any other person dependent for his or her principal
support upon a victim of a crime who died as a direct result of the
crime.
(d) A health care provider seeking compensation under section
5a.
(2) A person is not eligible to receive an award if the person
is either of the following:
(a) Criminally responsible for the crime.
(b) An accomplice to the crime.
(3) An award shall not be made on a claim unless the claimant
has incurred a minimum out-of-pocket loss of $200.00 or has lost at
least 2 continuous weeks' earnings or support, but the commission
may waive the limitations of this subsection in the case of a
claimant retired by reason of age or disability. If the claimant is
a victim of criminal sexual conduct in the first, second, or third
degree, the commission may waive the limitations of this
subsection. If the claimant is a health care provider seeking
compensation under section 5a, the commission shall waive the
limitation of this subsection.
Sec. 5. (1) A claim may be filed by the person eligible to
receive an award or, if a person is a minor, by his or her parent
or guardian.
(2) Except as provided in subsection (3), a claim shall be
filed by the claimant not later than 1 year after the occurrence of
the crime upon which the claim is based, except as follows:
(a) If police records show that a victim of criminal sexual
conduct in the first, second, or third degree was less than 18
years of age at the time of the occurrence and that the victim
reported the crime before attaining 19 years of age, a claim based
on that crime may be filed not later than 1 year after the crime
was reported.
(b) A claim may be filed within 1 year after the discovery by
a law enforcement agency that injuries previously determined to be
accidental, of unknown origin, or resulting from natural causes,
were incurred as the result of a crime.
(3) Upon petition by the claimant and for good cause shown,
the commission may extend the period in which a claim may be filed
under subsection (2).
(4) A claim shall be filed in the commission's office in
person or by mail. The commission shall accept for filing a claim
that
is submitted by a person who is eligible and which that
alleges the jurisdictional requirements set forth in this act and
meets the requirements as to form as approved by the commission.
(5) Upon filing of a claim, the commission shall promptly
notify the prosecuting attorney of the county in which the crime is
alleged to have occurred. If, within 20 days after the
notification, the prosecuting attorney advises the commission that
a criminal prosecution is pending upon the same alleged crime and
requests that action by the commission be deferred, the commission
shall defer the proceedings until the criminal prosecution is
concluded. When the criminal prosecution is concluded, the
prosecuting attorney shall promptly notify the commission. This
section
subsection does not prohibit the commission from granting
emergency awards pursuant to section 9 or an award under section
5a.
Sec. 5a. (1) The commission shall compensate a health care
provider for the following services rendered to a victim of
criminal sexual conduct:
(a) The administration of a sexual assault evidence kit under
section 21527 of the public health code, 1978 PA 368, MCL
333.21527. This subsection does not apply to the cost of a sexual
assault evidence kit that is provided to the medical care provider
free of charge.
(b) Initial venereal disease testing and treatment arising out
of a criminal sexual assault and not more than 2 return or referral
visits for venereal disease testing and treatment.
(c) Pregnancy testing.
(2) Compensation under subsection (1) shall be in the
following amounts for each visit:
(a) Not more than $200.00 for use of an emergency room.
(b) Not more than $125.00 for the use of a clinic or office
examination room.
(c) Not more than $100.00 for an examination.
(d) Not more than $200.00 for any procedure.
(e) All actual and reasonable laboratory fees.
(f) All actual and reasonable pharmacological fees.
(3) A health care provider seeking compensation under
subsection (1) shall submit the claim to the commission in the
manner required by the commission. The claim for compensation shall
include all of the following information:
(a) The victim's name and birthdate.
(b) An itemized statement of the services provided including
the date on which they were provided.
(c) The health care provider's federal identification number.
(4) A victim is not responsible for paying costs determined by
the commission to be compensable under subsection (1). A health
care provider that is compensated under this section shall not
submit any portion of the claim to the victim or the victim's
insurer for payment.
(5) A victim is not required to submit the claim to his or her
insurance carrier for payment before the commission makes payment
to the health care provider under this section. This section does
not prohibit the victim from submitting the claim to his or her
insurance carrier if he or she chooses to do so.
(6) The commission shall not require a victim to file a police
report of the criminal sexual conduct violation as a condition for
disbursing funds under this section.
(7) If a claim is paid or overpaid under this section based
upon a clerical error, mistaken identity, innocent
misrepresentation, or other circumstance of a substantially similar
nature, other than fraud, the recipient of the payment is liable to
the commission for repayment of the claim or the overpaid amount.
However, if the commission fails to notify the claimant of the
payment or overpayment within 1 year after the payment or
overpayment is made, the recipient is not liable for repayment to
the commission. If a payment or overpayment has been induced by
fraud, the recipient is liable for repayment to the commission as
otherwise provided by law.
(8) As used in this section, "health care provider" means all
of the following:
(a) A health professional licensed or registered under article
15 of the public health code, 1978 PA 368, MCL 333.16101 to
333.18838.
(b) A health facility or agency licensed under article 17 of
the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.
(c) A local health department as that term is defined in
section 1105 of the public health code, 1978 PA 368, MCL 333.1105.
Sec. 6. (1) When a claim is accepted for filing, an
investigation and examination shall be conducted to determine the
validity of the claim. The investigation shall include an
examination of papers filed in support of the claim, official
records and reports concerning the crime, and an examination of
medical and hospital reports relating to the injury upon which the
claim
is based. All claims which that arise from the death of an
individual as a direct result of a crime shall be considered
together,
and the total compensation awarded for all claims which
that arise from the death of an individual shall not exceed the
maximum aggregate award.
(2) A claim shall be investigated and determined regardless of
whether the alleged criminal was apprehended, prosecuted,
convicted, acquitted, or found not guilty of the crime in question,
unless the disposition is a direct result of willful noncooperation
by the victim or other claimant with the law enforcement agency or
the prosecuting attorney. In the event of determination of willful
noncooperation by the victim or other claimant, the commission
shall reject the claim. A police report is not required for a claim
filed under section 5a.
(3) A claim may be decided on the basis of the papers filed in
support of the claim and the report of the investigation of the
claim. If the person authorized to decide a claim under section
3(2) is convinced that a decision should not be made without a
hearing, that person may request the commission to conduct a
hearing under section 7. At the hearing any relevant evidence, not
legally privileged, is admissible.
(4) After an examination of the papers filed in support of a
claim and the report of investigation, and if no hearing is
requested under subsection (3), a decision granting or denying the
award shall be made.
(5) A written report setting forth the decision and reasons
for the decision shall be sent to the claimant.
Sec. 10. An award shall not be made unless the investigation
of the claim verifies the following facts:
(a) A crime was committed.
(b) The crime directly resulted in personal physical injury
to, or death of, the victim.
(c)
Police Except as
otherwise provided in sections 5a and
6, police records show that the crime was reported promptly to the
proper
authorities. An award, may other
than an award for a claim
under section 5a, shall not be made where the police records show
that the report was made more than 48 hours after the occurrence of
the crime unless either of the following apply:
(i) The crime was criminal sexual conduct committed against a
victim who was less than 18 years of age at the time of the
occurrence and the crime was reported before the victim attained 19
years of age.
(ii) The commission, for good cause shown, finds the delay was
justified.
(d) That
the The crime did not occur while the victim was
confined in a federal, state, or local correctional facility.