BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1299|
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THIRD READING
Bill No: SB 1299
Author: Wright (D)
Amended: 4/30/12
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/24/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Victims of crime: compensation
SOURCE : Author
DIGEST : This bill (1) provides that a social worker can
submit a claim to the Victims of Crime Program on behalf of
the victim of child abuse or elder abuse who cannot file
the claim; (2) provides that rate changes shall not affect
reimbursement for services provided for losses incurred
within three months of the changes; (3) provides that a
claim for expenses can be paid for expenses incurred more
than three years prior to the claim if the expenses were
incurred as a direct result of the crime for which an
application was approved; and (4) provide that a for-profit
agency may be eligible to be a qualified mental health
services provider.
ANALYSIS : Existing law provides for the indemnification
of victims and derivative victims of specified types of
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crimes by the California Victim Compensation and Government
Claims Board (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.
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.
This bill provides that a county social worker who
represents a child victim or elder abuse victim may file a
compensation claim on behalf of the victim if the victim is
unable to do so. The social worker shall not be required
to provide personal information about himself/herself as
part of the application.
This bill provides that changes in reimbursement rates
shall not apply to reimbursement for losses incurred up to
three months following adoption of the changes. This bill
provides that 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
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as necessary to ensure their medical necessity.
This bill provides that a for-profit agency may apply to be
a qualified mental health service provider to victims.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/16/12)
Coalition for Crime Victims Services
Crime Victims United of California
ARGUMENTS IN SUPPORT : According to the author, "The bill
does a number of things to address problems encountered by
crime victims, their families and providers of service, by
the failure of the California Victim Compensation and
Government Claims Board (board) to deliver consistent and
timely financial help."
RJG:mw 5/16/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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