BILL NUMBER: SB 1299	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 30, 2012
	AMENDED IN SENATE  APRIL 16, 2012

INTRODUCED BY   Senator Wright

                        FEBRUARY 23, 2012

   An act to amend Sections 13952, 13954, 13957.2, 13957.7, and
13957.9 of the Government Code, relating to victims of crime.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1299, as amended, Wright. Victims of crime: compensation.
   Existing law provides for the indemnification of victims and
derivative victims of specified types of crimes by the California
Victim Compensation and Government Claims Board, subject to specified
criteria for, among other things, submission and verification of
applications, eligibility for emergency awards and compensation for
specified services, procedures for hearings with respect to the
denial of awards, and publicizing of the program by the board.
Payment is made under these provisions from the Restitution Fund,
which is continuously appropriated to the board for these purposes.
   Existing law authorizes the board to adopt regulations pursuant to
existing law governing matters within its jurisdiction and to
recognize an authorized representative of the victim or derivative
victim who is required to represent the victim or derivative victim
pursuant to rules adopted by the board.
   This bill would include within the meaning of the term "authorized
representative" a county social worker designated by a county
department of social services to represent a child abuse or elder
abuse victim if that victim is unable to file on his or her own
behalf.
   Existing law authorizes the board to establish maximum rates and
service limitations for reimbursement of specified services and
defines certain terms for purposes of the claim payment process.
   The bill would provide that any change in maximum rates or service
limitations shall not affect payment or reimbursement of losses
incurred prior to  6   3  months after the
adoption of any changes.  The bill would prohibit a provider from
charging the victim or derivative victim for any difference between
the cost of a service, as specified, and the program's payment for
that service.  The bill would also modify the definition of the
term "qualified provider" for purposes of reimbursing mental health
services claims.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13952 of the Government Code is amended to
read:
   13952.  (a) An application for compensation shall be filed with
the board in the manner determined by the board.
   (b) (1) The application for compensation shall be verified under
penalty of perjury by the individual who is seeking compensation, who
may be the victim or derivative victim, or an individual seeking
reimbursement for burial, funeral, or crime scene cleanup expenses
pursuant to subdivision (a) of Section 13957. If the individual
seeking compensation is a minor or is incompetent, the application
shall be verified under penalty of perjury or on information and
belief by the parent with legal custody, guardian, conservator, or
relative caregiver of the victim or derivative victim for whom the
application is made. However, if a minor seeks compensation only for
expenses for medical, medical-related, psychiatric, psychological, or
other mental health counseling-related services and the minor is
authorized by statute to consent to those services, the minor may
verify the application for compensation under penalty of perjury.
   (2) For purposes of this subdivision, "relative caregiver" means a
relative as defined in subdivision (i) of Section 6550 of the Family
Code, who assumed primary responsibility for the child while the
child was in the relative's care and control, and who is not a
biological or adoptive parent.
   (c) (1) The board may require submission of additional information
supporting the application that is reasonably necessary to verify
the application and determine eligibility for compensation.
   (2) The staff of the board shall determine whether an application
for compensation contains all of the information required by the
board. If the staff determines that an application does not contain
all of the required information, the staff shall communicate that
determination to the applicant with a brief statement of the
additional information required. The applicant, within 30 calendar
days of being notified that the application is incomplete, may either
supply the additional information or appeal the staff's
determination to the board, which shall review the application to
determine whether it is complete.
   (d) (1) The board may recognize an authorized representative of
the victim or derivative victim, who shall represent the victim or
derivative victim pursuant to rules adopted by the board.
   (2) For purposes of this subdivision, "authorized representative"
means any of the following:
   (A) An attorney.
   (B) If the victim or derivative victim is a minor or an
incompetent adult, the legal guardian or conservator, or an immediate
family member, parent, or relative caregiver who is not the
perpetrator of the crime that gave rise to the claim.
   (C) A victim assistance advocate certified pursuant to Section
13835.10 of the Penal Code.
   (D) An immediate family member of the victim or derivative victim,
who has written authorization by the victim or derivative victim,
and who is not the perpetrator of the crime that gave rise to the
claim.
   (E)  Other persons who shall represent the victim or derivative
victim pursuant to rules adopted by the board.
   (F) A county social worker designated by a county department of
social services to represent a child abuse victim or an elder abuse
victim if that victim is unable to file on his or her own behalf.
   (3) Except for attorney's fees awarded under this chapter, no
authorized representative described in paragraph (2) shall charge,
demand, receive, or collect any amount for services rendered under
this subdivision.
  SEC. 2.  Section 13954 of the Government Code is amended to read:
   13954.  (a) The board shall verify with hospitals, physicians, law
enforcement officials, or other interested parties involved, the
treatment of the victim or derivative victim, circumstances of the
crime, amounts paid or received by or for the victim or derivative
victim, and any other pertinent information deemed necessary by the
board. Verification information shall be returned to the board within
10 business days after a request for verification has been made by
the board. Verification information shall be provided at no cost to
the applicant, the board, or victim centers. When requesting
verification information, the board shall certify that a signed
authorization by the applicant is retained in the applicant's file
and that this certification constitutes actual authorization for the
release of information, notwithstanding any other provision of law.
If requested by a physician or mental health provider, the board
shall provide a copy of the signed authorization for the release of
information.
   (b) The victim and the applicant, if other than the victim, shall
cooperate with the staff of the board or the victim center in the
verification of the information contained in the application. Failure
to cooperate shall be reported to the board, which, in its
discretion, may reject the application solely on this ground.
   (c) The board may contract with victim centers to provide
verification of applications processed by the centers pursuant to
conditions stated in subdivision (a). The board and its staff shall
cooperate with the Office of Criminal Justice Planning and victim
centers in conducting training sessions for center personnel and
shall cooperate in the development of standardized verification
procedures to be used by the victim centers in the state. The board
and its staff shall cooperate with victim centers in disseminating
standardized board policies and findings as they relate to the
centers.
   (d) Notwithstanding Section 827 of the Welfare and Institutions
Code or any other provision of law, every law enforcement and social
service agency in the state shall provide to the board or to victim
centers that have contracts with the board pursuant to subdivision
(c), upon request, a copy of a petition filed in a juvenile court
proceeding, reports of the probation officer, any other document made
available to the probation officer or to the judge, referee, or
other hearing officer, a complete copy of the report regarding the
incident, and any supplemental reports involving the crime, public
offense, or incident giving rise to a claim, for the specific purpose
of the submission of a claim or the determination of eligibility to
submit a claim filed pursuant to this chapter. The board and victim
centers receiving records pursuant to this subdivision may not
disclose a document that personally identifies a minor to anyone
other than the minor who is so identified, his or her custodial
parent or guardian, the attorneys for those parties, and any other
persons that may be designated by court order. Any information
received pursuant to this section shall be received in confidence for
the limited purpose for which it was provided and may not be further
disseminated. A violation of this subdivision is a misdemeanor
punishable by a fine not to exceed five hundred dollars ($500).
   (e) The law enforcement agency supplying information pursuant to
this section may withhold the names of witnesses or informants from
the board, if the release of those names would be detrimental to the
parties or to an investigation in progress.
   (f) Notwithstanding any other provision of law, every state
agency, upon receipt of a copy of a release signed in accordance with
the Information Practices Act of 1977 (Chapter 1 (commencing with
Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code)
by the applicant or other authorized representative, shall provide
to the board or victim center the information necessary to complete
the verification of an application filed pursuant to this chapter.
   (g) The Department of Justice shall furnish, upon application of
the board, all information necessary to verify the eligibility of any
applicant for benefits pursuant to subdivision (d) of Section 13956,
to recover any restitution fine or order obligations that are owed
to the Restitution Fund or to any victim of crime, or to evaluate the
status of any criminal disposition.
   (h) A privilege is not waived under Section 912 of the Evidence
Code by an applicant consenting to disclosure of an otherwise
privileged communication if that disclosure is deemed necessary by
the board for verification of the application.
   (i) Any verification conducted pursuant to this section shall be
subject to the time limits specified in Section 13958.
   (j) Any county social worker acting as the applicant for a child
victim or elder abuse victim shall not be required to provide
personal identification, including, but not limited to, the applicant'
s date of birth or social security number. County social workers
acting in this capacity shall not be required to sign a promise of
repayment to the board.
  SEC. 3.  Section 13957.2 of the Government Code is amended to read:

   13957.2.  (a) The board may establish maximum rates and service
limitations for reimbursement of medical and medical-related services
and for mental health and counseling services. The adoption,
amendment, and repeal of these service limitations and maximum rates
shall not be subject to the rulemaking provision of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1). An informational copy of the service limitations
and maximum rates shall be filed with the Secretary of State upon
adoption by the board. Any change in maximum rates or service
limitations shall not affect payment or reimbursement of losses
incurred prior to  six   three  months
after the adoption of any changes by regulations.  A provider
who accepts payment from the program for a service shall accept the
program's rates as payment in full.   A provider who
accepts payment from the program for a service shall accept the
program's rates as payment in full and shall not accept any payment
on account of the service from any other source if the total of
payments accepted would exceed the maximum rate set by the board for
that service. A provider shall not charge a victim or derivative
victim for any difference between the cost of a service provided to a
victim or derivative victim and the program's payment for that
service. To ensure service limitations that are uniform and
appropriate to the levels of treatment required   by the
victim or derivative victim, the board may review all claims for
these services as necessary to ensure their medical necessity. 
   (b) The board may request an independent examination and report
from any provider of medical or medical-related services or
psychological or psychiatric treatment or mental health counseling
services, if it believes there is a reasonable basis for requesting
an additional evaluation. The victim or derivative victim shall be
notified of the name of the provider who is to perform the evaluation
within 30 calendar days of that determination. In cases where the
crime involves sexual assault, the provider shall have expertise in
the needs of sexual assault victims. In cases where the crime
involves child abuse or molestation, the provider shall have
expertise in the needs of victims of child abuse or molestation, as
appropriate. When a reevaluation is requested, payments shall not be
discontinued prior to completion of the reevaluation.
   (c) Reimbursement for any medical, medical-related, or mental
health services shall, if the application has been approved, be paid
by the board within an average of 90 days from receipt of the claim
for payment. Payments to a medical or mental health provider may not
be discontinued prior to completion of any reevaluation. Whether or
not a reevaluation is obtained, if the board determines that payments
to a provider will be discontinued, the board shall notify the
provider of their discontinuance within 30 calendar days of its
determination.
  SEC. 4.  Section 13957.7 of the Government Code is amended to read:

   13957.7.  (a) No reimbursement may be made for any expense that is
submitted more than three years after it is incurred by the victim
or derivative victim. However, reimbursement may be made for an
expense submitted more than three years after the date it is incurred
if the victim or derivative victim has affirmed the debt and is
liable for the debt at the time the expense is submitted for
reimbursement, or has paid the expense as a direct result of a crime
for which a timely application has been filed or has paid the expense
as a direct result of a crime for which an application has been
filed and approved.
   (b) Compensation made pursuant to this chapter may be on a
one-time or periodic basis. If periodic, the board may increase,
reduce, or terminate the amount of compensation according to the
applicant's need, subject to the maximum limits provided in this
chapter.
   (c) (1) The board may authorize direct payment to a provider of
services that are reimbursable pursuant to this chapter and may make
those payments prior to verification. However, the board may not,
without good cause, authorize a direct payment to a provider over the
objection of the victim or derivative victim.
   (2) Reimbursement on the initial claim for any psychological,
psychiatric, or mental health counseling services shall, if the
application has been approved, be paid by the board within 90 days of
the date of receipt of the claim for payment, with subsequent
payments to be made to the provider within one month of the receipt
of a claim for payment.
   (d) Payments for peer counseling services provided by a rape
crisis center may not exceed fifteen dollars ($15) for each hour of
services provided. Those services shall be limited to in-person
counseling for a period not to exceed 10 weeks plus one series of
facilitated support group counseling sessions.
   (e) The board shall develop procedures to ensure that a victim is
using compensation for job retraining or relocation only for its
intended purposes. The procedures may include, but need not be
limited to, requiring copies of receipts, agreements, or other
documents as requested, or developing a method for direct payment.
   (f) Compensation granted pursuant to this chapter shall not
disqualify an otherwise eligible applicant from participation in any
other public assistance program.
   (g) The board shall pay attorney's fees representing the
reasonable value of legal services rendered to the applicant, in an
amount equal to 10 percent of the amount of the award, or five
hundred dollars ($500), whichever is less, for each victim and each
derivative victim. An attorney receiving fees from another source may
waive the right to receive fees under this subdivision. Payments
under this subdivision shall be in addition to any amount authorized
or ordered under subdivision (b) of Section 13960. An attorney may
not charge, demand, receive, or collect any amount for services
rendered in connection with any proceedings under this chapter except
as awarded under this chapter.
   (h) A private nonprofit agency shall be reimbursed for its
services at the level of the normal and customary fee charged by the
private nonprofit agency to clients with adequate means of payment
for its services, except that this reimbursement may not exceed the
maximum reimbursement rates set by the board and may be made only to
the extent that the victim otherwise qualifies for compensation under
this chapter and that other reimbursement or direct subsidies are
not available to serve the victim.
  SEC. 5.  Section 13957.9 of the Government Code is amended to read:

   13957.9.  (a) Notwithstanding Section 13954, the board shall
develop a simplified and expedited procedure for paying claims of a
qualified provider of mental health services.
   (b) A simplified and expedited procedure for paying claims
specified in subdivision (a) shall include all of the following:
   (1) An agreement by the provider to subject its claims to audit
procedures established by the board and to request payment only for
qualified services.
   (2) An agreement by the board to pay claims on a regular and
timely basis to a qualified provider for services without requiring
further documentation beyond that required to initially qualify the
claim.
   (3) Additional methods of simplifying the claims process as agreed
upon between the board and the qualified provider.
   (c) Simplified and expedited procedures for mental health services
may be instituted when both of the following conditions are met:
   (1) The board has determined that the crime has occurred and that
the victim qualifies for compensation pursuant to this chapter.
   (2) Services to the victim or derivative victim, or both, are
being provided by a qualified provider.
   (d) An agency may apply to the board for a determination that the
agency is a qualified provider for purposes of this section. The
board shall approve or reject an application from a qualified
provider for participation in an agreement pursuant to this section
within 90 days of receipt of a complete application as required by
the board.
   (e) An agreement made pursuant to this section shall not be deemed
to be a contract subject to the requirements of Part 2 (commencing
with Section 10100) of Division 2 of the Public Contract Code.
   (f) For purposes of this section, "qualified provider" means an
agency with extensive experience in providing mental health services
and that has utilized reimbursement from the Restitution Fund at a
significant level on a regular and constant basis. Upon request of an
agency, the board shall determine if the agency is a qualified
provider for purposes of this section.