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REFERENCE TITLE: ACJC; victim compensation fund; allocation |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2097 |
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Introduced by Representatives Jermaine: Andrade, Blackman, Bolding, Butler, DeGrazia, Epstein, Espinoza, Hernandez A, Hernandez D, Lieberman, Meza, Pawlik, Pratt, Schwiebert, Shah, Sierra, Teller, Terán, Tsosie, Senators Alston, Bowie, Engel, Gonzales, Mendez, Peshlakai, Rios, Shope, Steele
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AN ACT
amending section 41-2407, Arizona Revised Statutes; relating to the Arizona criminal justice commission.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-2407, Arizona Revised Statutes, is amended to read:
41-2407. Victim compensation and assistance fund; subrogation; prohibited debt collection activity; definition
A. The victim compensation and assistance fund is established. The Arizona criminal justice commission shall administer the fund. The victim compensation and assistance fund shall consist of monies collected pursuant to section 31‑411, subsection E and sections 12‑116.08, 13‑4311, 31‑418, 31‑467.06 and 41‑1674, unclaimed victim restitution monies pursuant to sections 22‑116 and 44‑313 and monies available from any other source.
B. Subject to legislative appropriation, the Arizona criminal justice commission shall allocate monies in the victim compensation and assistance fund to public and private agencies for the purpose of establishing, maintaining and supporting programs that compensate and assist victims of crime.
C. The allocation of monies pursuant to this section shall be made in accordance with rules adopted by the Arizona criminal justice commission pursuant to section 41‑2405, subsection A, paragraph 8. The rules shall provide that:
1. Persons who suffered personal injury or death that resulted from an attempt to aid a public safety officer in the prevention of a crime or the apprehension of a criminal may be eligible for compensation.
2. The following costs are eligible and shall be included in a claim for compensation:
(a) native american ceremony or burial expenses, which are considered reasonable and customary funeral expenses.
(b) Mental health counseling and care that are provided by a person who is an employee of or contracted with a tribal health care organization, the Indian health services, any veterans administration provider or an urban indian health program.
D. This state and the applicable operational unit or qualified program, as defined in the victim compensation program rules, are subrogated to the rights of an individual who receives monies from the victim compensation and assistance fund to recover or receive monies or benefits from a third party, to the extent of the amount of monies the individual receives from the fund.
E. A licensed health care provider who agrees to the victim compensation program rules may receive program monies for providing health and medical services to a victim or claimant. A licensed health care provider who accepts the full allowable payment for those services from a victim compensation program funded pursuant to this section is deemed to have accepted the payment as the full payment for those services. The licensed health care provider may not collect or attempt to collect any payment for the same health and medical services from the victim or claimant, except that if a victim compensation program funded pursuant to this section is unable to pay the full allowable payment to a licensed health care provider because of a lack of available monies or for any other reason, the licensed health care provider may collect the unpaid balance for the services from the victim or claimant or from a third‑party payor, and the total amount billed or requested by the licensed health care provider may not exceed the full allowable payment that the licensed health care provider agreed to accept from the victim compensation program for the services.
F. If a licensed health care provider receives notice that a person has filed a claim with a victim compensation program funded by this section, the licensed health care provider is prohibited from any debt collection activity for any monies owed by the person that are included in the filed claim until an award is made on the claim or until a determination is made that the claim is noncompensable. For the purposes of this subsection, "debt collection activity" includes repeatedly telephoning or writing to the claimant and threatening to either turn the matter over to a debt collection agency or to an attorney for collection, enforcement or filing of any other debt collection process. Debt collection activity does not include routine billing or inquiries about the status of the claim.
G. For the purposes of this section, "licensed health care provider" means a person or institution that is licensed or certified by this state to provide health care services, medical services, nursing services, emergency medical services and ambulance services that are regulated pursuant to title 36, chapter 21.1, article 2 or other health‑related services.