Wisconsin Legislature: 001 - CR 15-058 Rule Text

SECTION 1. Jus 11 Subchapter I (title) (precedes Jus 11.01) is created to read:

SUBCHAPTER I

CRIME VICTIM COMPENSATION

SECTION 2. Jus 11.01 (1) to (4) and (5) (intro.) are amended to read:

Jus 11.01 Description of the program. (1) AUTHORITY AND PURPOSE. This chapter subchapter is promulgated pursuant to s. 949.02, Stats., for the purpose of administering the awards for the victims of crimes program in Wisconsin which provides assistance to innocent victims of crimes and their families in order to ease their financial burdens.

(2) APPLICABILITY. This chapter subchapter applies to all persons who apply for financial assistance from the awards for the victims of crimes program and to all related matters, proceedings and hearings.

(3) ADMINISTRATION. Chapter 949, Stats., and this chapter subchapter shall be administered by a director appointed by the attorney general.

(4) SERVICE AND FILING. Papers and petitions required to be served upon, or filed with the department of justice, by this chapter subchapter shall be served either in person or by mail and shall be addressed: Wisconsin Department of Justice, Office of Crime Victim Services, 123 West Washington Avenue, Post Office Box 7951, Madison, WI 53707−7951. The papers and petitions are deemed served or filed when received by the department.

(5) DEFINITIONS. In this chapter subchapter:

SECTION 3: Jus 11.05 (4) (a) (intro.) and (7) are amended to read:

(4) COLLATERAL SOURCES. (a) Any award made under this chapter subchapter shall be reduced by the amount of any payment received, or to be received, as a result of the injury or death:

(7) AWARDS NOT SUBJECT TO ATTACHMENT. No award made under this chapter subchapter may be subject to execution, attachment, garnishment or other process, except that an award for economic loss is not exempt from a claim of a creditor to the extent that the creditor provided products, services or accommodations, the costs of which are included in the award.

SECTION 4: Jus 11.06 (1) (intro.) and (2) (intro.) are amended to read:

Jus 11.06 Mental health treatment. (1) ELIGIBLE PROVIDERS. Eligible providers of mental health treatment under this chapter subchapter include:

(2) ELIGIBLE SERVICES. Eligible types of mental health treatment under this chapter subchapter include:

SECTION 5: Jus 11.07 (2) (a) is amended to read:

Jus 11.07 (2) (a) Lack of knowledge of the provisions of ch. 949, Stats., and of this chapter subchapter does not extend the time in which an incident must be reported to a law enforcement agency.

SECTION 6: Jus 11.09 (2) (intro.), (3) (b), (c), and (h) are amended to read:

Jus 11.09 (2) PREHEARING CONFERENCE. In any action to be set for hearing, the hearing examiner may conduct a prehearing conference in person or by telephone in all proceedings for hearings under this chapter subchapter.

(3) (b) Chapter HA 1 rules of procedures and practice shall apply in all contested case hearings held under this chapter subchapter, except as specifically provided otherwise.

(h) The department or any of its authorized agents may issue subpoenas for persons or records for any investigation or hearing conducted under this chapter subchapter and may enforce compliance with such subpoenas as provided in s. 885.12, Stats.

SECTION 7: Jus 11.11 (1) and (2) are amended to read:

Jus 11.11 Duties of a law enforcement agency. (1) PROVIDE FORMS. The department shall prescribe application forms for awards under this chapter subchapter and shall furnish law enforcement agencies with the forms. The law enforcement agency investigating a crime shall provide forms to each person who may be eligible to file a claim.

(2) PROVIDE INFORMATION. Upon request by the department, any state or local agency, including a district attorney or law enforcement agency, shall make available all reports, files and other appropriate information which the department requests in order to make a determination that a person is eligible for an award under this chapter subchapter.

SECTION 8: Jus 11.13 (1), (4), and (5) (intro.) are amended to read:

Jus 11.13 Recovery. (1) DEPARTMENT SUBROGATION. Whenever an order for the payment of an award for personal injury or death is or has been made under this chapter subchapter, the department is subrogated to the cause of action of the claimant against the person responsible for the injury or death and may bring an action against the person for the amount of the damages sustained by the claimant. The department is also subrogated to the cause of action of the claimant against one or more 3rd parties liable for the acts of the person responsible for the injury or death. If an amount greater than that paid under the award order is recovered and collected in any such action, the department shall pay the balance to the claimant. If the person responsible for the injury or death has previously made restitution payments to the general fund under s. 973.20, Stats., any judgment obtained by the department under this section shall be reduced by the amount of the restitution payments to the general fund.

(4) CIVIL ACTION NOT NECESSARY. In order to receive compensation under ch. 949, Stats., it is not necessary that an applicant first bring an action against the offender. If such an action is brought, and the applicant is successful, the proceeds of the action are subject to the provisions of this chapter subchapter. The department shall notify the claimant of the requirements of this paragraph at the time the department makes an award to the claimant.

(5) APPLICANT RESPONSIBILITY. If a claimant receives from any source or third party any payment for damages, injuries or economic loss for which the applicant has been previously compensated under ch. 949, Stats., and this chapter subchapter the applicant shall:

SECTION 9. Jus 11 Subchapter II is created to read:

SUBCHAPTER II

SEXUAL ASSAULT FORENSIC EXAMINATION COMPENSATION

Jus 11.14 Description of the program. (1) Authority and purpose. This subchapter is promulgated under s. 949.22, Stats., for the purpose of administering the awards of compensation to health care providers who perform sexual assault forensic examinations and providing procedures to ensure any limitation of an award is calculated in a fair and equitable manner.

(2) Applicability. This subchapter applies to all applications for an award to cover the costs of performing a sexual assault forensic examination.

(3) Administration. This subchapter shall be administered by the director appointed by the attorney general to administer ch. 949, Stats.

(4) Service and filing. Papers an required to be filed with the department of justice shall be filed either in person or by mail and shall be addressed: Wisconsin Department of Justice, Office of Crime Victim Services, 123 West Washington Avenue, Post Office Box 7951, Madison, WI 53707-7951. The papers are deemed filed when received by the department.

(5) Definitions. In this subchapter

(a) “Department” has the meaning specified in s. 949.20 (2), Stats.

(b) “Sex offense” has the meaning specified in s. 949.20 (7), Stats.

Jus 11.15 Eligibility for an award. (1) Incorporation of subchapter II of ch. 949, Stats. The health care provider must follow all requirements of subch. II of ch. 949, Stats.

(2) Examination services for which costs are covered. A health care provider is eligible to be paid an award for all of the following services:

(a) Collection of the victim’s medical history.

(b) Collection of a forensic history of the events of the assault.

(d) Photographs of the physical evidence of the sex offense, if the health care provider conducting the examination has been trained to take photographs for use as evidence.

(e) Evaluation, testing, and prophylaxis for sexually transmitted diseases.

(f) Evaluation of the risk of pregnancy.

(g) Collection of blood and urine using the collection kit provided by law enforcement.

(3) Other costs which are covered. A health care provider is also eligible to be reimbursed for other expenses incurred in conducting the examination, including but not limited to, the cost for the use of its facility for the examination.

(4) Relationship with s. 50.375, Stats. Nothing in this subchapter affects a health care provider’s duties under s. 50.375, Stats.

Jus 11.16 Procedures for payment of awards of examination costs. (1) Itemized bill. A health care provider seeking an award for examination costs shall provide an itemized bill to the department with individual charges listed for each service for which reimbursement is sought. Only one itemized bill shall be submitted for each examination. The health care provider shall also indicate the amount sought for all of the following categories of examination costs:

(a) Services of the provider.

(b) Facilities used for the examination.

(2) No billing of victim. Per s. 949.26(2)(a), Stats., a health care provider seeking an award under this subchapter may not seek payment for any examination costs from the victim or any guardian of the victim.

(3) Payment directly to health care provider. The department will pay the award directly to the health care provider that performed the examination.

(4) Maximum amount of award. The department will pay two-thirds of the amount billed for eligible services, up to a maximum of $1200 for each examination. In exceptional cases, the department in its sole discretion may approve an award in excess of the maximum amount if the health care provider submits evidence that that maximum amount did not fairly and equitably compensate it for the costs incurred in conducting the examination. Beginning January 1, 2017, the maximum amount of an award shall be adjusted annually by the “inflation factor” as defined in s. 79.05(1)(am), Stats., and certified by the department of revenue under s. 79.05(2m), Stats.