La. Admin. Code tit. 22 § XIII-303

Current through Register Vol. 50, No. 11, November 20, 2024

Section XIII-303 - Application Process

A. Claimant Responsibility

1.Applications for reparations must be submitted to the sheriff's office in the parish where the crime occurred, filed online at the board's website, or sent directly to the board's office. Applications involving an adult victim of a sexually-oriented criminal offense are sent directly to the board's office.

2. Applications:

a. must be signed and dated by the victim/claimant. If the victim is a minor, the parent or guardian is the claimant and must sign. If the victim is deceased, the person responsible for the expenses can be the claimant and must sign the application;

b. Repealed.

c. An adult victim of a criminal offense is not required to report the crime to any law enforcement officer in order to file an application.

d. If a victim chooses not to report the crime to a law enforcement officer, the claimant must submit reasonable documentation (as provided by R.S. 46:1806(A.)(1)(b) with the application) to show the commission of a crime relevant to the application.

e. If a victim chooses not to report the crime to a law enforcement officer, he or she must submit a certification from a healthcare provider or coroner that a forensic medical examination of the victim was conducted.

3. The claimant, who is not a healthcare provider, must list each expense being claimed.

4. An itemized bill, not a billing statement, must accompany the application for each non-FME expense claimed.

5. All invoices, bills, etc. must indicate the victim/claimant as the guarantor and indicate balances owed. For claims that pertain to victims of sexually oriented criminal offenses, the victim has the discretion to choose whether or not to file for private insurance or Medicaid coverage.

6. The victim/claimant is required to use claim forms to seek additional compensation after the original award is made.

B. Sheriff's Office Responsibility

1. Each sheriff will designate at least one staff member to handle the applications of crime victims for the board.

2. The sheriff's staff person, called the claim investigator, will distribute the most current applications, receive, process, and forward them to the board office in a timely manner.

C. Board Staff Responsibility

1. Check distribution will be as follows:

a. Provider checks will be issued directly to providers from the board office.

b. Victim/claimant checks will be mailed directly from the board office unless the sheriff specifies that he wishes to have them mailed directly to the sheriff's claim investigator for personal distribution.

D. Appeals

1. If an application is denied and the victim/claimant desires to appeal the board's decision, the victim/claimant must file the appeal within 60 days from the date of the denial letter.

2. The appeal letter should furnish the board with any new information not yet provided that the victim/claimant desires to have presented.

3. The appeal will be scheduled for the next available meeting.

La. Admin. Code tit. 22, § XIII-303

Promulgated by the Office of the Governor, Commission on Law Enforcement and Administration of Criminal Justice, Crime Victims Reparations Board, LR 20:539 (May 1994), amended LR 22:710 (August 1996), Amended by the Office of the Governor, Crime Victims Reparations Board, LR 411668 (9/1/2015), Amended by the Office of the Governor, Crime Victims Reparations Board, LR 42570 (4/1/2016), Amended by the Office of the Governor, Crime Victims Reparations Board, LR 42743 (5/1/2016), Amended LR 49922 (5/1/2023), Amended LR 501274 (9/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 46:1801 et seq.