Or. Admin. Code § 137-076-0020

Current through Register Vol. 63, No. 12, December 1, 2024

Section 137-076-0020 - Definition of Reasonable Expenses

(1) As used in this rule, "necessary services" are those required for the treatment of physical or emotional injury suffered by the victim as a direct result of a compensable crime.

(2) For purposes of ORS 147.035, reasonable hospital expenses shall be limited to expenses for necessary services provided by licensed hospitals and by other health care facilities licensed to provide services that may otherwise be supplied by hospitals.

(3) For purposes of ORS 147.035, reasonable medical expenses shall be limited to ambulance expenses and expenses for necessary services provided by a Health Provider. Medical treatment needs to be provided by a licensed provider and injuries must be a direct result of the compensable crime. Verification to substantiate the necessity and reasonableness of treatment that was the direct result of the compensable crime may be required by the Department.

(4) For purposes of ORS 147.025 and 147.035, reasonable psychiatric, psychological or counseling expenses are limited to expenses for necessary services provided by psychiatrists or physicians licensed under ORS Chapter 677, or psychiatric mental health nurse practitioners licensed under ORS Chapter 678, or licensed psychologists, licensed clinical social workers, licensed professional counselors, licensed psychologist associates or licensed marriage and family therapists licensed under ORS Chapter 675, or qualified mental health professionals as defined in OAR 309-039-0510(10). The Department shall have the authority to grant an exception to the above requirements when justification is provided that none of the above-referenced mental health treatment providers is a reasonable option for addressing the crime-related needs of a specific victim.

(5) For purposes of ORS 147.035, rehabilitation expenses are limited to necessary services associated with physical rehabilitation, alternative therapy or adaptations to allow a victim to conduct daily living tasks. A provider is licensed under the provisions governing that provider's profession. Treatment must be within 6 months from the date of the first crime related visit. If treatment begins beyond 6 months from the date of the compensable crime, the Department may require additional information.

(6) Pursuant to ORS 147.035(3)(a), the Department may award compensation for reasonable funeral expenses of up to a maximum of $5,000.00. The Department, at its discretion, may award an additional amount of compensation for funeral expenses of up to $5,000.00 to an applicant. Funeral expenses may include, but are not limited to, transportation of the deceased victim's remains, cremation services, memorial or celebration of life expenses, a headstone or grave marker, an urn, and travel expenses for survivors to attend the funeral service or make funeral arrangements.

(7) Reasonable cleaning expenses are those expenses reasonably related to the cleaning or removal of blood, bodily fluids, or any other potentially infectious material.

Or. Admin. Code § 137-076-0020

JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; JD18-1992, f. 10-30-92, cert. ef. 11-2-92; DOJ 3-2001(T), f. & cert. ef. 4-5-01 thru 5-31-01; DOJ 4-2001, f. & cert. ef. 6-1-01; DOJ 14-2004, f. & cert. ef. 11-22-04; DOJ 3-2017, f. 4-25-17, cert. ef. 4/27/2017; DOJ 7-2024, amend filed 04/29/2024, effective 4/29/2024; DOJ 14-2024, amend filed 08/16/2024, effective 8/16/2024

Statutory/Other Authority: ORS 147.205(1)

Statutes/Other Implemented: ORS 147.025 & 147.035