Section 5-2-6.1-21.1 - Compensable losses; health care provider compensation(a) This section applies to claims filed with the division after June 30, 2009.(b) This section does not apply to reimbursement for forensic and evidence gathering services provided under section 39 of this chapter.(c) An award may not be made unless the claimant has incurred an out-of-pocket expense that exceeds one hundred dollars ($100) or has incurred loss of income that exceeds one hundred dollars ($100).(d) Subject to subsections (b) and (c), the division may order the payment of compensation under this chapter for any of the following reasonable, documented expenses incurred within one hundred eighty (180) days after the date of the violent crime: (1) Necessary: (A) medical, chiropractic, hospital, dental, optometric, and ambulance services;(B) prescription drugs; and(C) prosthetic devices; that do not exceed the claimant's out-of-pocket expense.
(2) Loss of income:(A) the victim would have earned had the victim not died or been injured, if the victim was employed at the time of the violent crime;(B) the parent, guardian, or custodian of a victim who is less than eighteen (18) years of age incurred by taking time off from work to care for the victim; or(C) the spouse of a victim incurred by taking time off from work to care for the victim. A claimant seeking reimbursement under this subdivision must provide the division with proof of employment and current wages.
(3) Emergency shelter care expenses, not to exceed the expenses for thirty (30) days, that are incurred for the claimant or a dependent of the claimant to avoid contact with a person who committed the violent crime.(4) Expense incurred for child care, not to exceed one thousand dollars ($1,000), to replace child care the victim would have supplied had the victim not died or been injured.(5) Loss of financial support the victim would have supplied to legal dependents had the victim not died or been injured.(6) Expenses incurred for funeral, burial, or cremation of the victim that do not exceed five thousand dollars ($5,000). The division shall disburse compensation under this subdivision in accordance with guidelines adopted by the division.(7) Outpatient mental health counseling, not to exceed three thousand dollars ($3,000), concerning mental health issues related to the violent crime.(8) Other actual expenses related to bodily injury to or the death of the victim that the division determines are reasonable.(9) Replacement of windows or door locks.(10) Cleanup of the scene of a violent crime.(e) The division shall obtain written verification of all losses and expenses requested under this section before making an award.(f) If a health care provider accepts payment from the division under this chapter, the health care provider may not require the victim to pay a copayment or an additional fee for the provision of services.(g) A health care provider who seeks compensation from the division under this chapter may not simultaneously seek funding for services provided to a victim from any other source.(h) The director may extend the one hundred eighty (180) day compensation period established by subsection (d) for a period not to exceed two (2) years after the date of the violent crime if:(1) the victim or the victim's representative requests the extension; and(2) medical records and other documentation provided by the attending medical providers indicate that an extension is appropriate.(i) The director may extend the one hundred eighty (180) day compensation period established by subsection (d) for outpatient mental health counseling, established by subsection (d)(7) where justice requires, but for a period not to exceed two (2) years.Amended by P.L. 9-2024,SEC. 119, eff. 7/1/2024.Amended by P.L. 20-2024,SEC. 15, eff. 7/1/2024.Amended by P.L. 98-2022,SEC. 7, eff. 7/1/2022.Amended by P.L. 113-2014, SEC. 7, eff. 7/1/2014.Amended by P.L. 161-2013, SEC. 2, eff. 7/1/2013.As added by P.L. 129-2009, SEC.6.