Jus 11.06(3)(c)(c) Court appearances or evaluations are not eligible services. Jus 11.06(4)(4) Authorization process. The department shall require eligible providers of services to submit an authorization request which may include the following information: Jus 11.06(4)(a)(a) The name, address, and medical assistance or identification number of the provider conducting the diagnostic examination and performing the psychotherapy services. Jus 11.06(4)(b)(b) A detailed summary of the problems for which the victim or claimant is seeking mental health treatment. Jus 11.06(4)(c)(c) A detailed summary of the diagnostic examination, including the severity of the victim’s or claimant’s mental illness, medically significant emotional or social dysfunctions, the medical necessity for treatment and the suggested outcome of treatment. Jus 11.06(4)(d)(d) A statement of the estimated frequency of treatment sessions and the estimated cost of treatment. Jus 11.06(4)(e)(e) A statement of the relationship between the crime and the need for treatment, and to what extent the treatment is directly related to the crime. Jus 11.06(4)(f)(f) A statement of the victim’s or claimant’s psychological condition prior to the crime. Jus 11.06(5)(a)(a) Department claims specialists shall review authorization requests for mental health claims. The department may appoint persons who meet the same minimum requirements that providers are expected to meet to review authorization requests. Jus 11.06(5)(b)(b) The department shall review the progress of the treatment periodically as the department determines it is reasonable to do so. Progress reports shall describe the victim’s current symptoms, problem changes in symptoms since the last report, progress made toward each treatment goal, a list of impediments to progress, and a plan to address impediments. Jus 11.06 HistoryHistory: Cr. Register, February, 1992, No. 434, eff. 3-1-92; CR 15-058: am. (1) (intro.), (2) (intro.) Register May 2016 No. 725, eff. 6-1-16; CR 19-136: am. (1) (intro.), (a), r. (1) (b) to (d), cr. (1) (e) to (h), am. (2) (a), (b), r. (2) (c), cr. (2) (d), am. (4) (intro.), (b), (c), (e), (f) Register September 2021 No. 789, eff. 10-1-21. Jus 11.07Jus 11.07 Limitations on awards. The department may not make an award if the department determines that any of the following apply: Jus 11.07(1)(1) The application was not filed within one year after the date of the personal injury or death, subject to the exception under s. 949.08 (1m) (b), Stats. The department may waive the one year filing requirement under this subsection in the interest of justice. Jus 11.07(2)(2) The incident upon which the claim is based was not reported to a law enforcement agency within 5 days of its occurrence or, if the incident could not have reasonably been reported within that period, within 5 days of the time when a report could reasonably have been made. The department may waive the time limit on reporting under this subsection in the interest of justice. Jus 11.07(2)(a)(a) Lack of knowledge of the provisions of ch. 949, Stats., and of this subchapter does not extend the time in which an incident must be reported to a law enforcement agency. Jus 11.07(3)(3) The victim engaged in conduct which substantially contributed to the victim’s injury or death or engaged in conduct in which the victim could have reasonably foreseen could lead to injury or death. This paragraph does not apply to awards to victims under s. 949.03 (1) (a), Stats. In determining whether the victim engaged in contributory conduct under this subsection the department: Jus 11.07(3)(a)(a) Shall consider any behavior of the victim that may have directly or indirectly contributed to the victim’s injury or death including consent, provocation, verbal utterance, gesture, incitement, prior conduct of the victim and the ability of the victim to have reasonably avoided the incident upon which the claim is based. Jus 11.07(3)(b)(b) May consider whether the victim was under the influence of an intoxicant or controlled substance at the time of the incident upon which the claim is based; whether the victim has engaged in an ongoing course of criminal conduct within 5 years or less of the date of the incident upon which the claim is based; or whether the incident upon which the claim is based occurred while the victim was incarcerated in a city or county detention facility pending the disposition of criminal charges or, after being convicted of an offense, was serving a sentence of imprisonment. Jus 11.07(4)(4) The victim committed a crime which caused, or contributed to, the victim’s injury or death. Jus 11.07(5)(5) The victim has not cooperated with appropriate law enforcement agencies. In this subsection “cooperation with appropriate law enforcement agencies” means the victim has cooperated with the reasonable requests of the law enforcement agency investigating the incident, including: Jus 11.07(5)(a)(a) Providing a true, accurate and complete description of the crime, including the circumstances which led to the crime. Jus 11.07(5)(b)(b) Describing the assailant and telling the appropriate law enforcement agency the offender’s name and whereabouts, if known. Jus 11.07(5)(c)(c) Reporting the incident to the law enforcement agency within a reasonable time so as to enable the agency to identify and apprehend the offender, identify witnesses, and conduct a thorough investigation of the incident. Jus 11.07(5)(d)(d) Participating, if requested by the law enforcement agency, in follow-up investigative activities including, but not limited to, viewing photographs and lineups and other investigative procedures. Jus 11.07(5)(e)(e) Agreeing to participate in the initiation of proceedings against the offender, agreeing to appear and testify on behalf of the prosecution and assisting in the prosecution of the offender at all stages. The department may waive the provisions of this paragraph upon good cause shown by the victim that the failure to cooperate in the prosecution is due to a compelling health or safety reason. Jus 11.07(6)(6) The applicant has not cooperated with the department in the administration of the program. Cooperation with the department means that the applicant provides all information deemed necessary by the department within 30 days of its request. The department may waive this requirement upon good cause shown by the applicant that the failure to take the steps required by the department was beyond the control of the applicant. Jus 11.07(7)(7) The injured victim is an adult passenger in a vehicle operated by the offender and the crime involved is specified in s. 346.63 (2) or 940.25, Stats., and the passenger knew the offender was under the influence of an intoxicant, a controlled substance, or another drug to a degree that renders him or her incapable of safely driving. This subsection does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30, Stats. This subsection applies, however, if the victim is also a victim of a crime specified in s. 940.09, Stats.