(a) a physical contact with the victim; or

(b) criminal acts of the offender which were directed toward the victim's person and the victim was aware of the actions at the time of such actions;

(2) "Dependent" includes a minor stepchild who resides with the victim, whether adopted or not, and a child who receives court-ordered child support from the victim;

(3) "Deputy director" is the deputy director/chief of staff of the Department of Justice;

(4) "Law enforcement officer" means a peace officer as defined in 46-1-202, MCA, or an employee of a youth court probation or child protective services agency;

(5) "Office" is the Office of Victims Services;

(6) "Person who has been charged or convicted" includes minors treated under the Youth Court Act, Title 41, chapter 5, MCA; and

(7) "Program" is the Crime Victims Compensation Program.

(a) age of the victim when the crime occurred;

(b) whether the delay in filing or reporting was reasonable, considering the circumstances of the crime and the resulting injuries to the victim;

(c) physical or mental incapacity; or,

(d) failure of law enforcement or prosecutors to notify the victim about the crime victim compensation.

(2) There is no good cause to extend the time limit if the claim is filed more than two years after the latest date the claim could have been filed in accordance with 53-9-125 , MCA.

This rule has been repealed.

This rule has been repealed.

(2) The claimant must provide complete information and, upon request, supporting documents.

(3) A claimant who fails to respond to a request from the unit for information or supporting documents within a reasonable time may be denied his or her claim without prejudice. If the claimant submits the required evidence or supporting documents and reasons for not responding within a reasonable time, a reconsideration may be made on the merits of the claim.

(4) A request for benefits under 53-9-128 (9) , MCA, is an application for compensation. The person applying for benefits is subject to all the requirements of the Crime Victims Compensation Act and Administrative Rules of Montana for the Crime Victims Compensation Act.

(5) The office will issue its initial determination accepting, denying, or reconsidering claims for compensation benefits.

(2) The claimant's request must be in writing and state the action the claimant wishes the office to take and the reasons the office should take such action.

(3) The office administrator will review the request and all relevant evidence provided by the claimant. After review, the office administrator will recommend whether a hearing should be held or a revised order issued.

(2) The hearing examiner will issue notice of the time and place for the hearing, and the issues to be resolved at the hearing.

(3) The hearing is not a contested case hearing under the Montana Administrative Procedure Act. The claimant and the unit may each submit evidence. Parties will have an opportunity to examine and cross-examine witnesses who may have relevant testimony concerning the claim. The statutory and common-law rules of evidence do not apply to hearings held under this rule. The hearing examiner will make a record of the hearing.

(4) The hearing examiner will issue proposed findings of fact, conclusions of law, and order.

(5) Within 20 days of the issuance of the proposed order, either party may file written exceptions to the order and request a review by the deputy director or the deputy director's designee.

(6) The deputy director will issue a final order, which is a final determination as set forth in 53-9-131 , MCA. This order is final for purposes of judicial review only if a review under (5) has been held.

(2) The unit will notify the service providers of a denial or reduction of compensation benefits.

(1) The office may reconsider a claim at the request of the claimant when no informal hearing under 53-9-122 , MCA, was held, and when the time for requesting such hearing has expired.

(2) A claimant may request a reconsideration only upon presentation of newly discovered evidence, which could not have been previously discovered with reasonable diligence.

(3) A claimant's request for a reconsideration must:

(a) be in writing;

(b) state the reason why the office's prior decision should be reconsidered; and

(c) explain why an informal hearing under 53-9-122 , MCA, was not requested or held.

(4) The office administrator will review the request and all relevant evidence provided by the claimant and recommend whether the request should be granted or denied.

(5) The recommendation will be reviewed by the deputy director who may concur, reject, or modify the recommendation.

(6) A reconsideration may be done at any time if requested by the crime victims unit. The request will be reviewed by the deputy director who may grant, deny, or modify the determination requested as provided in (5) .

(2) Fees will not be awarded for filling out and mailing a claim form.

(1) Wage compensation is paid directly to the claimant every 14 days unless otherwise directed by the unit or unless there is an assignment for medical expenses, maintenance, or child support. The first payment is processed to coincide with the biweekly payment periods adopted by the unit.

(2) Reasonable medical and/or burial expenses are paid to the service providers, unless the claimant has paid the expenses, in which case payment is made to the claimant. Charges for private rooms and special nurses are paid only if ordered by the attending physician. The claimant is responsible for charges for treatment of conditions or injuries that are not a direct result of the criminally injurious conduct.

(a) Reasonable burial expenses include a marker for the grave.

(3) Children and retired persons are considered employable but unemployed for the purpose of computing their benefits under 53-9-128 , MCA.

(4) Payment will not be made for medical expenses for treatment obtained more than three years after the last date of treatment for the same criminally injurious conduct.

(5) Payment will not be allowed for duplicate medical treatments received on the same day, except in an emergency.

(2) Self-employed persons may receive wage loss benefits. The amount of their benefits will be based on the net profit plus noncash business expenses.

(2) The unit must be advised by the claimant or the treating or examining physician of the results of all examinations. The claimant may not claim a physician-client privilege.

(3) Whenever the unit requires a claimant to submit to an examination by a physician of the unit's choice, in addition to paying for such examination, the unit will reimburse the claimant for necessary and reasonable subsistence and travel costs but not in amounts more than those allowed to state employees for travel expenses.

(4) If the claimant is requesting compensation benefits to pay for costs of medical treatment, the claimant may initially select the physician to provide treatment, but the claimant must obtain prior approval from the unit before receiving treatment from another physician, except in an emergency. Unless the claimant obtains such prior approval, benefits to pay the cost of treatment may be disallowed. The attending physician is responsible for the type, duration, and frequency of treatment. If the attending physician refers the claimant to another physician, the claimant must obtain prior approval from the unit for the referral visits and treatment, except in an emergency, or the cost of treatment may be disallowed.

(5) Except under (3) , initial liability for expenses is the responsibility of the claimant.

(1) The rules governing physicians apply to chiropractors.

(2) Treatment by a licensed chiropractor is permitted without specific prior approval for a period not to exceed 30 days, provided the patient is not under the care of another physician.

(3) No payments are allowed for more than one treatment and modality daily. Payments may be made for the following modalities: diathermy, ultrasound, electrotherapy, and intermittent motorized traction.

(4) If, at any time, special services such as body supports, casts, splints, and strapping are required for treatment, prior approval must be obtained from the unit.

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(1) The rules governing physicians apply to mental health therapists, subject to restrictions in this rule.

(2) A mental health therapist must be one of the following to receive payment from the crime victims fund:

(a) medical doctor;

(b) licensed clinical psychologists;

(c) licensed social worker;

(d) licensed professional counselor;

(e) mental health center for services of any of the therapists listed in this section.

(3) Payment for mental health counseling is limited to 12 consecutive months or $2,000 billable services, whichever limit is reached first. Primary victims may request an extension of the time or money limit. An extension may be granted after review of the entire course of treatment, including but not limited to case notes and treatment plans. The reviewer will be a qualified professional therapist chosen by the program, which will make recommendations to deny or grant any extension of treatment and the length of the extension.

(4) Payment for mental health counseling to secondary victims is limited to 12 consecutive months or $2,000 billable services, whichever limit is reached first. Secondary victims may not request an extension of the time or money limit.

(a) Secondary victims are:

(i) the spouse, parent, child, or sibling of a victim who is killed as a result of criminally injurious conduct;

(ii) the parent or sibling of a minor who is a victim of criminally injurious conduct involving a sexual offense, provided the parent or sibling is not entitled to receive services under Title 41, chapter 3, MCA; and

(iii) a minor child present in a home where domestic violence occurred.

(b) Parent, child, and sibling of a victim include:

(i) the victim's natural and adoptive parents, natural and adopted children, and natural and adopted siblings; and

(ii) stepparents, stepchildren, and stepsiblings. However, in the case of a sexually offended minor, the stepparent and the stepsibling must have resided with the victim at the time of the criminally injurious conduct, and the stepparent must continue to reside with the victim in order to qualify for payment for mental health counseling.

(5) Primary victims retain the right to request a hearing under ARM 23.15.202. Secondary victims retain the right to request a hearing under ARM 23.15.202 if they have not been awarded their entire statutory entitlement.

(2) Payments from a collateral source for one type of expense may be used to offset other types of expenses once the original expense type has been paid.

(3) Payment by a collateral source to a claimant or a service provider for expenses also paid for by the crime victims fund creates an immediate debt to the crime victims fund, regardless of the length of time between the payments. The claimant is responsible for repayment of the debt. The collateral source may pay the fund directly rather than the claimant or service provider.

(2) The claimant or his or her attorney must provide a copy of the fee agreement between the claimant and attorney to the unit. The unit will provide a copy of the office's determination or order awarding or denying compensation benefits and any necessary documents to the attorney.

(3) At the conclusion of the civil action, if the office recovers under its subrogation interest and the claimant wishes to recover a proportional share of costs and attorney fees from the office, the claimant or his or her attorney must provide an itemized list of the litigation costs and attorney fees to the office.

(a) After receiving its subrogation interest, the office will authorize payment of its share of costs and attorney fees to the claimant as reimbursement if the claimant has properly paid all fees and costs, or to the attorney if the claimant has not paid such fees and costs.

(2) To be eligible for reimbursement by FREPP the forensic rape examination must be:

(a) performed by a physician or by other medical providers who have been trained to gather evidence of a sexual assault in a manner suitable for use in a court of law; and

(b) a forensic rape examination kit supplied by FREPP must be used.

(3) FREPP will pay a maximum of $600 to medical providers who perform forensic rape examinations on victims who do not choose to report the alleged sexual assault to law enforcement.

(a) The forensic rape examination payment includes the following covered costs:

(i) a complete and customary forensic rape examination;

(ii) emergency room/facility charges;

(iii) medical provider charges;

(iv) sexually transmitted disease (STD) and pregnancy prophylaxis;

(v) blood and urine specimens for toxicology testing;

(vi) supplies;

(vii) laboratory testing;

(viii) pharmaceuticals; and

(ix) shipping costs.

(4) The FREPP payment constitutes payment in full for all services related to the forensic rape examination and the medical provider may not bill the victim for covered costs associated with the examination that exceed the allowable payment of $600.

(5) The FREPP payment does not cover costs associated with the treatment of physical injuries due to the alleged sexual assault. The victim is responsible for payment of such costs.

(2) FREPP recommends that forensic rape examination kits be sent via federal express or UPS, overnight delivery.

(a) submit the FREPP claim form;

(b) provide a copy of the patient information form;

(c) provide an itemized statement of charges listing current procedural terminology (CPT) codes on a standard health care financing administration (HCFA) form; and

(d) provide copies of all pertinent treatment records.

(2) All billing paperwork should be mailed to the Office of Victim Services, ATTN: FREPP, P.O. Box 201410, 1712 9th Ave., Helena, MT 59620-1410.

(2) FREPP will store forensic rape examination kits for a minimum of 60 days.

(3) FREPP will maintain the confidentiality of the victim's identity and the forensic rape examination.

(4) In the event that a victim chooses to report the alleged sexual assault to law enforcement and the forensic rape examination kit has not been destroyed, FREPP will provide the kit, upon request, to law enforcement.

(1) If FREPP has provided coverage for a forensic rape examination and the victim later reports the offense to law enforcement, in accordance with 46-15-411 , MCA, law enforcement must reimburse FREPP for the cost of the examination.

(2) Section (1) does not apply if the forensic rape kit has been destroyed.

(2) The goal of the program is to contribute to a victim's overall safety. However, applicants should be aware that while the office of victim services will strive to keep a victim's information confidential, the office cannot guarantee a victim's safety nor can it prevent a perpetrator from finding out a victim's address from another source.

(a) be a resident of the state of Montana;

(b) be a victim of partner family member assault, sexual assault, or stalking as defined by 40-15-116 , MCA; and

(c) complete the office of victim services address confidentiality application form. The application must, at a minimum, include:

(i) a copy of the victim's driver's license or some other form of identification verifying the victim is a resident of Montana;

(ii) a statement providing information that establishes the victim has been a victim of partner family member assault, sexual assault, or stalking;

(iii) if available, a copy of an applicable record of conviction or order of protection;

(iv) the address the victim requests to be kept confidential;

(v) a telephone number where the victim can be reached; and

(vi) a statement indicating whether the applicant wishes to register to vote or, if registered, to change the applicant's address for voter registration.

(2) Applications must be notarized and may be mailed or faxed to the Office of Victim Services, P.O. Box 201410, 1712 9th Ave., Helena, MT 59620-1410, fax (406) 444-4303.

(3) Incomplete or inaccurate applications will not be accepted by the office of victim services.

(2) Upon approval, the office of victim services will:

(a) issue a substitute address to the participant;

(b) receive mail and service of process addressed to the participant; and

(c) forward to the participant any service of process or first class mail, excluding packages larger than a manila envelope, received on the participant's behalf.

(3) The office of victim services will work with the secretary of state's office to register those participants who indicated on their application their wish to register to vote or change their address for voter registration purposes.

(2) A victim's application materials and substitute address will only be disclosed if:

(a) requested by a law enforcement agency; or

(b) ordered by a court of competent jurisdiction.

(1) Except as provided in (2) , a substitute address issued under ARM 23.15.503 is valid for four years after issuance.

(2) A participant who wants the substitute address to continue after four years must, on the form provided by the office of victim services:

(a) provide notice of the participant's request that the substitute address be continued; and

(b) provide a notarized statement that the participant remains in imminent danger and that continuation of the substitute address is in the participant's best interest.

(3) The office of victim services may cancel a participant's substitute address at any time if:

(a) a participant changes his or her confidential address and fails to provide notice to the office of victim services within two business days; or

(b) if the office of victim services determines that a participant knowingly provided false or incorrect information in his or her application.