Kan. Admin. Regs. § 20-2-3

Current through Register Vol. 43, No. 49, December 5, 2024

Section 20-2-3 - Mental health counseling award

Each mental health counseling award shall be subject to the following limitations.

(a) Each victim of a crime may be considered for up to a $3,500.00 mental health counseling award.

(1) A standard treatment plan based on these limitations shall be approved by the board.

(2) Compensation beyond the $3,500.00 maximum for mental health counseling may be awarded provided the board finds extenuating circumstances justify such action and that such action is supported by information, reports, or a mental health treatment plan, and recommendations of a mental health counseling provider or physician.

(3) The award for a mental health evaluation shall not exceed $300.00, which may be in addition to the $3,500.00 maximum. For purposes of this paragraph, mental health evaluation means a diagnostic interview examination, including history, mental status or disposition, that is administered in order to determine a plan of mental health treatment.

(b) Each victim by reason of family grief may be considered for up to a $1,000.00 grief therapy award. Compensation beyond the $1,000.00 maximum may be awarded provided the board finds extenuating circumstances justify such action and that such action is supported by information, reports, or a mental health treatment plan, and recommendations of a mental health counseling provider or physician.

(c) If the mental health treatment plan for a victim requires that others, not including the offender, be involved in treatment, costs for third-party counseling may be compensable up to $3,500.00, if the third-party counseling is directly and beneficially related to the plan for treatment of the victim. Family counseling or other counseling involving a third-party shall not be compensable unless:

(1) the primary victim is present in the counseling sessions or the focus of the treatment is to assist the victim's recovery; and

(2) the mental health treatment plan addresses the need for third-party counseling.

(d) Compensable counseling may be provided in:

(1) A medical or psychiatric setting under the supervision of a medical doctor or a psychiatrist. The costs of such counseling incurred during in-patient treatment shall be applied toward the maximum claim for in-patient treatment; or

(2) A non-medical setting by an individual licensed or registered by the Kansas behavioral science regulatory board, the Kansas board of healing arts or counterpart boards in other jurisdictions having similar licensure or registration requirements, if the counseling falls within the professional parameters of the provider's license or registration.

(e) In-patient hospitalization shall be considered only if the condition is life-threatening and the hospitalization has been recommended by the victim's physician or mental health counseling provider. Reimbursement for each instance of in-patient treatment and care shall not exceed the cost of treatment for a period of 10 days or $10,000.00, whichever is less. Compensation beyond the $10,000.00 maximum may be awarded provided the board finds extenuating circumstances justify such action and that such action is supported by information, reports, or a mental health treatment plan, and recommendations of a mental health counseling provider or physician.

(f) The following limits on counseling rates shall apply to out-patient mental health counsel-ing:

(1) Individual and family counseling in a non-medical setting $60.00 per hour

(2) Group therapy $40.00 per hour

These rates shall apply to individuals performing treatment. Compensation shall not be awarded to pay the costs of persons supervising treatment.

(g) If it is apparent from the treatment plan that treatment is addressing issues not directly related to the crime, only that portion of the treatment which is addressing the victimization shall be compensable.

(h) This regulation shall apply to all claims received by the board after the effective date of the regulation.

Kan. Admin. Regs. § 20-2-3

Authorized by K.S.A. 74-7304; implementing K.S.A. 74-7304, 74-7305, as amended by L. 1993, ch. 166, § 1; effective Nov. 15, 1993.