The proposed rule amendments are intended to clarify documentation requirements and procedures for claims filed pursuant to the Crimes Compensation Act.

 

DEPARTMENT OF LEGAL AFFAIRS

Division of Victim Services and Criminal Justice Programs

RULE NO.:RULE TITLE:

2A-3.002Applicant and Payment Procedures

PURPOSE AND EFFECT: The proposed rule amendments are intended to clarify documentation requirements and procedures for claims filed pursuant to the Crimes Compensation Act.

SUMMARY: The proposed rule amendments are intended to clarify changes regarding documentation, filing and reporting requirements.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule the Department, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Cost (SERC) was not necessary. This proposed rulemaking will not have an adverse impact or effect regulatory costs in excess of $1million within five years as established in Section 120.541(2)(a)1., 2., and 3., F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 960.045(1) FS.

LAW IMPLEMENTED: 960.28 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Crum, Chief of Victim Compensation, Department of Legal Affairs, PL- 01, The Capitol, Tallahassee, FL 32399-1050

 

THE FULL TEXT OF THE PROPOSED RULE IS:

2A-3.002 Applicant and Payment Procedures.

(1) The Bureau of Victim Compensation pays for medical expenses connected with the initial forensic physical examination of a victim of sexual battery as defined by section 794.011(1)(h), F.S., or a lewd or lascivious battery or molestation as defined by section 800.04(4) or (5), F.S.

(2) through (3) No change.

(4) The claim form and invoice must be filed and received by the department within 120 days of the forensic examination. Corrections or technical defects on the in claim form or invoice shall not result in a change to the original filing date for purposes of complying with the filing deadline. Failure to submit a properly completed claim form and invoice will result in denial of benefits.

(5) The claim form and invoice shall be mailed to the Office of the Attorney General, Bureau of Victim Compensation, PL-01, The Capitol, Tallahassee, FL 32399-1050; faxed to [phone] or [phone]; or emailed to [e-mail], or submitted via the department’s web portal. The form BVC100SB, Sexual Battery Forensic Examination Claim Form revised 11/19 10/15, is adopted and incorporated by reference at the following address: http://www.flrules.org/Gateway/reference.asp?No=Ref-________06144. A copy of said form can be obtained at www.myfloridalegal.com or by contacting the Office of the Attorney General, Bureau of Victim Compensation. Failure to submit a properly completed claim form and invoice will result in denial of benefits.

(6) through (7) No change.

(8) The claim form shall include the following:

(a) through (g) No change.

(h) Forensic facility information which includes the name of the facility where the examination was performed, the facility’s federal tax identification number, mailing address, email address (if applicable), and telephone number including the area code;

(i) Forensic examiner information which includes their name, title, and license number; The name of another employee of the facility who was present at the time the examination was performed and shall henceforth be identified as the witness;

(j) Certification by the forensic examiner to affirm that the initial forensic physical examination for which the claim is based was performed for the purpose of collecting forensic evidence from the victim on the date identified using practices consistent with the established Adult and Child Sexual Assault Protocols; and, The witness must attest to the fact that the examination was performed on the victim at the location identified;

(k) The signature of the forensic examiner witness and date of signature.

(l) Name, federal tax identification number, payment remittance address, email address, and telephone number of the medical provider seeking reimbursement; Forensic examiner information which includes their name, title, and license number;

(m) Medical provider billing representative’s name, title, acknowledgement from the representative that they have reviewed the medical records proving the examination occurred; Certification by the forensic examiner to affirm that the initial forensic physical examination for which the claim is based was performed for the purpose of collecting forensic evidence from the victim on the date identified using practices consistent with the establish Adult and Child Sexual Assault Protocols; and,

(n) Affirmation from the medical provider’s billing representative that the information presented is correct and payment for services is outstanding. The signature of the forensic examiner and date of signature.

(9) The itemized invoice shall be prepared using industry standard forms or on the provider’s letterhead. It must include the following:

(a) through (c) No change.

(d) Examination Ddiagnostic codes for the encounter for examination and observation following alleged adult or child rape; child sexual abuse suspected/confirmed; adult sexual abuse suspected/confirmed; or seduction (V71.5), encounter for examination and observation following alleged rape (Z044), encounter for examination and observation following alleged adult rape (Z0441), encounter for examination and observation following alleged child rape (Z0442); and,

(e) No change.

(10) No change.

Rulemaking Authority 960.045(1) FS. Law Implemented 960.28 FS. History–New 11-1-92, Amended 9-13-94, 9-26-95, 6-19-96, 9-24-97, 2-3-00, 3-17-03, 1-16-08, 8-1-10, 12-24-15, ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michelle Crum, Chief of Victim Compensation

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Attorney General Ashley Moody

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 8, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 28, 2020