Section 595.030

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 595

Effective - 28 Aug 2018, 7 histories   

  595.030.  Compensation, paid when — medical care, requirements — counseling, requirements — maximum award — joint claimants, distribution — method, timing of payment determined by department — negotiations with providers. — 1.  No compensation shall be paid unless the department of public safety finds that a crime was committed, that such crime directly resulted in personal injury to, or the death of, the victim, and that police, court, or other official records show that such crime was reported to the proper authorities.  In lieu of other records the claimant may provide a sworn statement by the applicant under paragraph (c) of subdivision (2) of section 589.663 that the applicant has good reason to believe that he or she is a victim of domestic violence, rape, sexual assault, human trafficking, or stalking, and fears further violent acts from his or her assailant.  If the victim is under eighteen years of age such report may be made by the victim's parent, guardian or custodian; by a physician, a nurse, or hospital emergency room personnel; by the children's division personnel; or by any other member of the victim's family.  In the case of a sexual offense, filing a report of the offense to the proper authorities may include, but not be limited to, the filing of the report of the forensic examination by the appropriate medical provider, as defined in section 595.220, with the prosecuting attorney of the county in which the alleged incident occurred, receiving a forensic examination, or securing an order of protection.

  2.  No compensation shall be paid for medical care if the service provider is not a medical provider as that term is defined in section 595.027, and the individual providing the medical care is not licensed by the state of Missouri or the state in which the medical care is provided.

  3.  No compensation shall be paid for psychiatric treatment or other counseling services, including psychotherapy, unless the service provider is a:

  (1)  Physician licensed pursuant to chapter 334 or licensed to practice medicine in the state in which the service is provided;

  (2)  Psychologist licensed pursuant to chapter 337 or licensed to practice psychology in the state in which the service is provided;

  (3)  Clinical social worker licensed pursuant to chapter 337;

  (4)  Professional counselor licensed pursuant to chapter 337; or

  (5)  Board-certified psychiatric-mental health clinical nurse specialist or board certified psychiatric-mental health nurse practitioner licensed under chapter 335 or licensed in the state in which the service is provided.

  4.  Any compensation paid pursuant to sections 595.010 to 595.075 for death or personal injury shall be in an amount not exceeding out-of-pocket loss, together with loss of earnings or support from gainful employment, not to exceed four hundred dollars per week, resulting from such injury or death.  In the event of death of the victim, an award may be made for reasonable and necessary expenses actually incurred for preparation and burial not to exceed five thousand dollars.

  5.  Any compensation for loss of earnings or support from gainful employment shall be in an amount equal to the actual loss sustained not to exceed four hundred dollars per week; provided, however, that no award pursuant to sections 595.010 to 595.075 shall exceed twenty-five thousand dollars.  If two or more persons are entitled to compensation as a result of the death of a person which is the direct result of a crime or in the case of a sexual assault, the compensation shall be apportioned by the department of public safety among the claimants in proportion to their loss.

  6.  The method and timing of the payment of any compensation pursuant to sections 595.010 to 595.075 shall be determined by the department.

  7.  The department shall have the authority to negotiate the costs of medical care or other services directly with the providers of the care or services on behalf of any victim receiving compensation pursuant to sections 595.010 to 595.075.

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(L. 1981 H.B. 41, et al. § 5, A.L. 1985 H.B. 715, A.L. 1989 H.B. 502, et al., A.L. 1993 S.B. 19, A.L. 1994 S.B. 554, A.L. 1995 H.B. 174, et al., A.L. 2001 S.B. 267, A.L. 2007 H.B. 583, A.L. 2009 S.B. 338, A.L. 2014 H.B. 1299 Revision, A.L. 2015 S.B. 141 , A.L. 2016 S.B. 921, A.L. 2018 H.B. 1355)