CHAPTER Jus 600 VICTIMS’ COMPENSATION

PART Jus 601 PURPOSE AND SCOPE

Jus 601.01 Purpose. The purpose of this chapter is to implement provisions of RSA 21-M:8-b through RSA 21-M:8-l and 34 U.S.C. 20101 et seq. by setting forth:

(a) The process by which eligible primary and related victims of crime can submit a claim, whether personally or through a representative, for compensation for eligible expenses incurred as a direct result of eligible crimes;

(b) The criteria that will be used by the commission to determine whether to grant or deny a claim for compensation, as well as the amount of the award when a claim is granted; and

(c) Limitations on compensation awards, both by category of expense and per claimant.

Source. #4864, eff 7-13-90; amd by #5430, eff 7-1-92, EXPIRED: 7-1-98

New. #7117, eff 10-8-99, EXPIRED: 10-8-07

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 601.02 Scope. This chapter shall apply to all claimants, including their representatives, and all providers who wish to accept compensation payments granted by the commission.

Source. #4864, eff 7-13-90; amd by #5430, eff 7-1-92, EXPIRED: 7-1-98

New. #7117, eff 10-8-99, EXPIRED: 10-8-07

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

PART Jus 602 DEFINITIONS

Jus 602.01 “Administrative claim” means a claim application that the unit has reviewed and determined to be complete and for which eligibility appears to be clear, irrespective of the amount of the claim or severity of the eligible crime.

Source. #4864, eff 7-13-90; ss by #6052, eff 7-1-95, EXPIRED: 7-1-03

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 602.02 “Advocate” means a person who is employed by or volunteers at a crisis center, prosecution or law enforcement agency, or other entity, and whose duty is to assist a victim or claimant in the criminal justice system, with victim services and support, or with the victim compensation process.

Source. #4864, eff 7-13-90, EXPIRED: 7-13-96

New. #7117, eff 10-8-99, EXPIRED: 10-8-07

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 602.03 “Allowable expense” means a cost or expenditure that is identified as compensable under Jus 605.

Source. #4864, eff 7-13-90, EXPIRED: 7-13-96

New. #7117, eff 10-8-99; ss by #7724, eff 6-29-02

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 602.04 “Appeal” means to seek attorney general review of the decision of the commission to determine whether the decision should be reversed or modified.

Source. #4864, eff 7-13-90, EXPIRED: 7-13-96

New. #7117, eff 10-8-99, EXPIRED: 10-8-07

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 602.05 “Award” means compensation granted to a claimant for eligible expenses pursuant to Jus 605.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.04)

Jus 602.06 “Claimant” means a person who submits a claim for compensation under Jus 600 on behalf of himself or herself as a victim, or on behalf of another person who is a victim but is a minor, or on behalf of another person including but not limited to that person’s spouse, guardian, parent, or grandparent.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.05)

Jus 602.07 “Collateral financial source” means a fiscal resource available to or on behalf of a victim and that can be used to defray in whole or in part an expense that is reimbursable under Jus 600.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.06)

Jus 602.08 “Commission” means the victims’ assistance commission established pursuant to RSA 21-M:8-g.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.07)

Jus 602.09 “Commission preparation” means the stage of the claim process during which the claimant secures the necessary documentation and information to support the claim.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.08)

Jus 602.10 “Commission ready” means the stage of the claim process in which the unit has determined that the claim application is complete and has been summarized by the unit for presentation to and consideration on the merits by the commission.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.09)

Jus 602.11 “Compensation” means a payment of money from the fund to reimburse a claimant for each allowable out-of-pocket expense incurred as a direct result of an eligible crime, or a payment of money from the fund to a third person who provided goods or services as an allowable expense to a victim as a direct result of an eligible crime.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.10)

Jus 602.12 “Complex claim” means a claim application that, following the unit’s review, it is not clear that the claimant has exhibited eligibility or the claimant is requesting assistance with relocation expenses.

Source. #12938, eff 12-9-19

Jus 602.13 “Department” means the New Hampshire department of justice as established by RSA 21-M:2.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.11)

Jus 602.14 “Domestic partner” means an individual who shares a domicile and the expenses of daily living with another person, but who are not joined in a legal marriage or civil union under New Hampshire law.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.12)

Jus 602.15 “Domicile” means that one place where a person, more than any other place, has established a physical presence and manifests an intent to maintain a single continuous presence for domestic, social, and civil purposes relevant to participating in democratic self-government.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.13)

Jus 602.16 “Eligible Crime” means any misdemeanor or felony that results in personal injury to or the death of the victim, or driving under the influence of alcohol or a controlled substance and that results in personal injury to or the death of the victim. For the purposes of these rules, the term includes any such act if it forms or could form the basis of a juvenile delinquency petition pursuant to RSA 169-D.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.14)

Jus 602.17 “Fee for Service Medicaid Rule” means the rate used to determine reimbursement for compensation under the program based on the applicable fee-for-service rate as determined by the department of health and human services under its Medicaid managed care program.

Source. #12938, eff 12-9-19

Jus 602.18 “Fund” means the victims’ assistance fund established pursuant to RSA 21-M:8-g, II.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.15)

Jus 602.19 “Immediate Family Member” means a person who has one of the following relationships with the victim:

(a) Parent, stepparent, or domestic partner of a parent;

(b) Child or stepchild;

(c) Sibling or stepsibling;

(d) Spouse;

(e) Domestic partner; or

(f) Any other person either legally obligated to provide financial support or having previously provided substantial support to a victim.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.16)

Jus 602.20 “Loss” means an injury or expense for which eligible compensation is available under Jus 600.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.17)

Jus 602.21 “Mental Health Practitioner” means “mental health practitioner” as defined in RSA 330-A: 2, VII, namely, “persons licensed under this chapter as psychologists, pastoral psychotherapists, clinical social workers, clinical mental health counselors, or marriage and family therapists. For purposes of this chapter, the term clinical social worker shall include independent clinical social worker.” The term also includes those who hold one or more analogous licenses issued by any other state, province, or country.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.18)

Jus 602.22 “New Evidence” means information or documents not available to or which could not reasonably have been discovered by a claimant at the time the claimant’s claim was considered by the commission. The term does not include information or documents that were available, could have been discovered, or restatements of information or arguments already submitted to the commission.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.19)

Jus 602.23 “Personal Injury” means death or corporeal or mental health damage suffered as a result of an eligible crime.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.20)

Jus 602.24 “Physician” means a doctor of medicine or a doctor of osteopathy who holds a current license to practice issued by the New Hampshire board of medicine pursuant to RSA 329, or an analogous license issued by another state, province, or country.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.21)

Jus 602.25 “Primary Victim” means the person who suffered personal injury or death as a direct result of an eligible crime.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.22)

Jus 602.26 “Reconsideration” means to ask the commission to review its decision in light of newly discovered evidence or to consider a point of law or fact that the commission misapprehended or overlooked.

Source. #12938, eff 12-9-19

Jus 602.27 “Related Victim” means an immediate family member who suffered a loss as a result of an eligible crime.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 602.23)

Jus 602.28 “Relocation” for the purposes of this chapter, means moving from one residence to another due to a concern for the safety of a victim as result of an eligible crime.

Source. #12938, eff 12-9-19 (formerly Jus 602.24)

Jus 602.29 “Spouse” means a husband or wife or either party in a civil union.

Source. #12938, eff 12-9-19 (formerly Jus 602.25)

Jus 602.30 “Staff” means the department of justice employees in the unit who provide administrative support to the commission and assist claimants with their claims for compensation under Jus 600.

Source. #12938, eff 12-9-19 (formerly Jus 602.26)

Jus 602.31 “Unit” means the victims’ compensation unit, an organizational entity that has been established within the New Hampshire department of justice for the purpose of providing administrative support to the commission and assisting claimants with their claims for compensation under Jus 600.

Source. #12938, eff 12-9-19 (formerly Jus 602.27)

Jus 602.32 “Victim” means:

(a) Any person who suffered personal injury or death as a direct result of an eligible crime occurring in either:

(1) New Hampshire; or

(2) Any other state or jurisdiction that does not have a crime compensation program meeting the requirements of 34 U.S.C. 20102(b), and such person was domiciled in New Hampshire at the time of the crime; and

(b) Both a primary victim or a related victim.

Source. #12938, eff 12-9-19 (formerly Jus 602.28)

PART Jus 603 PROGRAM AND PROCESS OVERVIEW

Jus 603.01 Program Purpose. This program has been created and designed to help eligible victims of eligible crimes with the expenses that have been incurred as a direct result of the crime by acting as a payer of last resort, subject to available funding. The primary goal of the program is to provide eligible claimants with the maximum compensation for which they are eligible so as to eliminate or minimize the amount of uncompensated expenses.

Source. #4864, eff 7-13-90, EXPIRED: 7-13-96

New. #7117, eff 10-8-99, EXPIRED: 10-8-07

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 603.02 Program and Organizational Description.

(a) Pursuant to RSA 21-M:8-g, I, the commission shall review claims from victims for compensation pursuant to RSA 21-M:8-h, II, and award compensation from the fund.

(b) All members of the commission shall have education, experience, or both, that will assist the commission in determining whether claimants’ claims for compensation are directly related to eligible crimes.

(c) At least one commission member shall be a physician or physician assistant licensed by the New Hampshire board of medicine, or an advanced registered nurse practitioner or registered nurse licensed by the New Hampshire board of nursing. Such physician or nurse shall have experience in treating victims of crime.

(d) At least one commission member shall be a licensee of the New Hampshire board of mental health practice, and who shall have experience in treating victims of crime.

(e) At least one commission member shall be an attorney licensed to practice law in New Hampshire, and who has experience in criminal law.

(f) At least one commission member shall have been the victim of an eligible crime.

(g) The unit shall provide administrative and staff support to the commission. All claims for compensation, as well as all supporting materials, shall be submitted to the commission through the unit.

(h) The unit shall provide guidance to potential claimants with respect to submitting a complete claim for compensation. The unit shall, on an ongoing basis, investigate and evaluate each claim for compensation so as to make a recommendation regarding whether such claim should be approved or denied. However, such recommendations shall not be binding on the commission.

(i) All information received, obtained, or maintained by the program in connection with any claim for victims’ compensation shall be maintained as confidential material, and shall not be released or disclosed to any person or entity whatsoever, except as authorized by the claimant or as otherwise provided by law.

Source. #4864, eff 7-13-90; amd by #5430, eff 7-1-92; ss by #6052, eff 7-1-95; amd by #7394, eff 10-28-00; ss by #7724, eff 6-29-02

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 603.03 Application Process.

(a) Any person who wishes to request an award of compensation from the commission shall commence the process by filing a “Claim Application Form” described in Jus 604.01 and available from the unit in the department.

(b) In response to receipt of a “Claim Application Form” the unit shall contact the claimant and indicate what additional information, including documentation, will be necessary to process the claim. Necessity shall be based upon the need to substantiate and document the claim for which compensation is sought.

(c) While the claim application is being completed, the claim shall be considered by the unit and the commission to be in the commission preparation stage.

(d) Once the unit determines that the claim application is complete, the unit coordinator shall review the claim for the purpose of determining whether the claimant has clearly established eligibility for compensation. If the claimant has not, the claim shall be labeled a complex claim and the claim application file shall be copied for each commission member. However, if eligibility for compensation is clear, the claim shall be labeled an administrative claim, and the unit coordinator shall prepare a summary of the claim for consideration by the commission.

(e) The administrative claim summary prepared pursuant to (d) above shall include:

(1) Identification of the eligible crime;

(2) A brief description of the crime;

(3) A statement as to the type of compensation sought, by category;

(4) The history of the claim;

(5) Any other information that is material or could be helpful to the commission; and

(6) The recommendation of the unit coordinator.

(f) Each commission-ready claim prepared at least 14 days prior to the commission’s next regularly scheduled meeting shall be placed on that meeting’s agenda, unless the unit coordinator determines that it would be unlikely that the claim would be reached and acted upon at that meeting. If the unit coordinator so determines, the commission ready claim shall be placed on the agenda for the first commission meeting at which the unit coordinator determines that the claim can be acted upon by the commission. In no case shall placement on the agenda result in the passage of more than 60 days after the claimant submitted a completed application before a decision can be made by the commission.

(g) When the commission considers a claim for compensation, it shall first determine whether there is reasonable evidence that an eligible crime has occurred. Thereafter, the commission shall determine whether the claim provides it with enough information and documentation to form the basis of a decision as to whether to grant or deny the claim in whole or in part.

(h) If the commission determines that more information and documentation is necessary, it shall table the claim, and request that staff notify the claimant as to the specific information and documentation necessary for the commission to make its decision.

(i) Upon receipt of notice pursuant to (h) above, the claimant shall have up to 60 days to provide such additional information and documentation. However, the unit shall grant an extension of time upon request if the claimant demonstrates that 60 days will not be sufficient to gather such additional information and documentation.

(j) Once the commission determines that the claim application provides it with enough information and documentation to form the basis of a decision as to whether to approve or deny the claim in whole or in part, the commission shall consider the claim on its merits and reach a decision within 60 days.

(k) The decision of the commission shall be based upon the submitted written claim application, including all relevant evidence, by applying the criteria set forth in Jus 605. If a claim is denied in whole or in part, the decision shall state all reasons applicable to such denial.

(l) If a primary victim’s claim is denied for any of the reasons set forth in Jus 605.02, the claims of related victims shall, except as provided in Jus 605.02(e), also be denied.

(m) If the claimant is aggrieved by the decision of the commission, the claimant may seek review of such decision by filing with the unit a request for reconsideration if the claimant can demonstrate that the commission overlooked or misapprehended a point of law or fact. The claimant may also seek reconsideration by presenting new evidence not previously presented or known to the commission. If an aggrieved claimant cannot meet this standard the claimant may provide a written statement addressing any alleged deficiencies in the commission’s decision.

(n) The aggrieved claimant shall file a request for reconsideration if the reconsideration is requested in whole or in part based upon new evidence that could materially affect the outcome or the claimant disagrees with the decision. The request for reconsideration shall identify the new evidence or set forth all reasons why the claimant believes that such new evidence, and every mistake of fact or law the claimant believes to have been made, materially affect the outcome. The commission shall give the claimant an opportunity to present a statement to the commission either orally, in writing, by telephone, or in person.

(o) If the commission determines that, when viewed in the light most favorable to the claimant, the new evidence or the overlooked or misapprehended point of fact or law could not materially affect the outcome, the commission shall deny such request. A claimant aggrieved by the denial of a request for reconsideration may appeal the decision to the attorney general as provided in (r) and (s), below.

(p) If the commission determines that, when viewed in the light most favorable to the claimant, the new evidence or mistake of fact or law could materially affect the outcome, the commission shall grant the request for reconsideration.

(q) After the commission has provided an opportunity to a claimant under (n) and (p) above, the commission shall affirm, amend, or reverse its decision based upon the full record of all information and argument presented to it.

(r) The claimant shall file a notice of appeal to the attorney general if the claimant seeks to challenge the decision of the commission in whole or in part.

(s) The notice of appeal shall identify and set forth every mistake of fact or law the claimant believes to have been made and that materially affects the outcome. The attorney general, or designee, shall then review the complete record reviewed by the commission and, based upon such record review, affirm, amend, or reverse the decision of the commission.

(t) For purposes of RSA 541:3, an appeal to the attorney general shall be considered to be a motion for rehearing.

(u) Appeal from the decision of the attorney general or designee shall be taken by petition to the New Hampshire supreme court pursuant to RSA 541:6.

Source. #4864, eff 7-13-90; amd by #5430, eff 7-1-92; amd by #6052, eff 7-1-95; ss by #7117, eff 10-8-99, EXPIRED: 10-8-07

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

PART Jus 604 FORMS

Jus 604.01 Claim Application Form.

(a) Each claimant seeking compensation from the fund shall complete and submit a “New Hampshire Victim’s Compensation Program Application Form,” revised 8/23/19 and available from the unit.

(b) In addition to submitting the “New Hampshire Victims’ Compensation Program Form,” the claimant shall provide:

(1) Documentation of expenses for the compensation of expenses and losses being sought;

(2) A certification, under the penalties of RSA 641:2, as to whether the expenses and losses listed have not, will not, and cannot be covered by any other resource, private or public assistance program, and if they might be, a full description of such resources;

(3) Copies of all documentation of denials or applications made to other resources, private or public assistance programs for payment or compensation of expenses and losses listed;

(4) A statement by the claimant acknowledging and agreeing that recovery of any expenses listed through legal action shall entitle the State of New Hampshire to seek compensation to the fund to the extent of any award of compensation made under this chapter; and

(5) A certification, under the penalties of RSA 641:2, that the claimant has provided information on or with the application that is true, complete, and accurate to the best of the claimant’s knowledge and belief.

Source. #4864, eff 7-13-90; ss by #6052, eff 7-1-95, EXPIRED: 7-1-03

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 604.02 Acknowledgment of Receipt of Claim and Request for More Information Letter.

(a) Upon receipt of a complete “New Hampshire Victims’ Compensation Program Application Form” by the unit, it shall send an “Acknowledgment of Receipt of Claim and Request for More Information letter” to acknowledge the receipt of the claim and shall identify any specific types of additional information required to process the claim. Determination of such types of additional information shall be made on a case-by-case basis, pursuant to (b) below.

(b) The types of additional information that the unit identified pursuant to (a) above shall include:

(1) Information regarding collateral financial sources, as described in Jus 604.03, if collateral financial sources might exist;

(2) Photocopies of all crime-related medical bills;

(3) Photocopies of all crime-related mental health counseling bills;

(4) If copies of medical bills, mental health counseling bills, or both are not available but expenses have been incurred, a complete list of each such provider’s:

a. Name;

b. Complete mailing address;

c. Telephone number; and

d Services actually rendered;

(5) The name of the victim’s employer, supervisor, mailing address, and telephone number at the time the eligible crime occurred, if the victim was employed;

(6) Photocopies of the victim’s paycheck stubs for the month prior to the eligible crime if the victim was employed, or, if the victim was self-employed, a copy of the previous year’s federal income tax return;

(7) A letter to be provided directly from the victim’s physician or mental health professional to the commission, which sets forth the following in support of a claim for more than 14 consecutive workdays’ lost wages:

a. A description of the disabling injuries suffered by the victim;

b. The period of time the disabling injuries prevented the victim from working; and

c. The date on which the victim returned to work, or if the victim has not returned to work, the anticipated date of return to work;

(8) A photocopy of the final funeral bill, including burial and all related expenses but not including expenses for the reception, wake, or purchase of clothing;

(9) A photocopy of the receipt, deed, or both, for the purchase of a cemetery plot;

(10) A photocopy of the bill for the monument and engraving; and

(11) Any other information related to the claim but not covered by (1) – (10) above, and unique to the circumstances of the claim.

(c) If needed, the unit shall provide a self-addressed envelope for the claimant to use in submitting the information and documents identified pursuant to (b) above. Postage shall not be provided by the unit.

(d) The unit shall provide information to the claimant concerning debt collection delay for crime-related expenses, pursuant to New Hampshire RSA 21-M:8-h, X (a)-(b) in the form.

Source. #4864, eff 7-13-90, EXPIRED: 7-13-96

New. #7117, eff 10-8-99, EXPIRED: 10-8-07

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 604.03 Vehicular Crimes Insurance Form.

(a) Each claimant seeking compensation from the fund shall, if the underlying crime is a vehicular crime, complete and submit a “Vehicular Crimes Insurance Form,” revised 8/23/2019 and available from the unit.

(b) In addition, each claimant shall provide the following:

(1) A copy of the entire policy;

(2) An itemized list of bills including the amounts billed and the amounts paid by the insurance carrier;

(c) If an attorney has been retained, an indication of whether the claimant has informed the attorney that the claimant is seeking compensation under these rules;

(d) An indication of whether any restitution or payment of a civil suit judgment has been received, and if so, the total amounts received;

(e) If any of the responses indicate that money has been paid to or on behalf of the claimant, the claimant shall provide:

(1) The name and mailing address of the person, company, agency or other entity that paid or will be paying any portion of any expense; and

(2) A description of the expenses incurred, and the amounts covered by those providing payment pursuant to (1) above; and

(f) A dated declaration that the information provided by the claimant is true, accurate, and complete, as evidenced by the claimant’s signature.

Source. #4864, eff 7-13-90, EXPIRED: 7-13-96

New. #7117, eff 10-8-99, EXPIRED: 10-8-07

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 604.04 Law Enforcement Authority Verification Form.

(a) The “Law Enforcement Authority Verification Form,” revised 8/23/2019, and related police reports shall be used for the intended purpose only, which shall be to verify victim and victimization information to the New Hampshire victims’ compensation program. The form and reports shall not be disseminated to the claimant or any party, unless specified by court order.

(b) After receiving a claim for compensation, the victims’ assistance unit shall request that the law enforcement agency investigating the crime complete and submit the law enforcement authority verification form and provide copies of police reports.

Source. #4864, eff 7-13-90, EXPIRED: 7-13-96

New. #7117, eff 10-8-99, EXPIRED: 10-8-07

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 604.05)

Jus 604.05 Verification of Employment and Lost Wages Form

(a) If a claimant seeks compensation for lost wages, the victims’ assistance unit shall request that the victim’s employer complete and submit a “Verification of Employment and Lost Wages Form,” revised 8/23/2019.

(b) In addition to the form, the victim’s employer shall provide the victims’ assistance unit with payroll information for the month preceding the date of the crime and one month after the crime.

Source. #4864, eff 7-13-90; ss by #6052 eff 7-1-95, EXPIRED: 7-1-03

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 604.06)

Jus 604.06 Verification of Medical Expenses Form.

(a) If a claimant seeks compensation for medical expenses, the victim or victim’s parent or guardian shall complete and submit a HIPAA- compliant hospital and/or medical release. Upon receipt of the HIPAA- compliant release form the unit shall request that each provider complete and submit a “Verification of Medical Expenses Form,” as revised 8/23/2019.

(b) In addition to the form, the provider shall submit an itemized statement and medical records relating to injuries directly resulting from the crime.

Source. #4864, eff 7-13-90, EXPIRED: 7-13-96

New. #7117, eff 10-8-99, EXPIRED: 10-8-07

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 604.07)

Jus 604.07 Verification of Hospital Expenses Form. If a claimant seeks compensation for hospital expenses, the victim or victim’s parent or guardian shall complete and submit a HIPAA- compliant hospital and/or medical release. Upon receipt of the HIPAA- compliant release form the unit shall request that each provider complete and submit a “Verification of Hospital Expenses Form,” as revised 8/23/2019, and provide an itemized statement and medical records to injuries directly resulting from the crime.

Source. #4864, eff 7-13-90; amd by #5430, eff 7-1-92; ss by #7117, eff 10-8-99, EXPIRED: 10-8-07

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 604.08)

Jus 604.08 Mental Health Assessment and Treatment Plan.

(a) If a claimant seeks compensation for mental health expenses, the victim or victim’s parent or guardian shall complete and submit a HIPAA compliant hospital and/or medical release. Upon receipt of the HIPAA compliant release form, the unit shall request that each provider complete and submit a “Mental Health Assessment and Treatment Plan Form,” effective 1/14/19.

(b) All information provided on or with the “Mental Health Assessment and Treatment Plan” will be kept strictly confidential. This information shall not be disclosed to anyone outside of the NH Victims’ Compensation commission and Compensation staff, without the express written permission of the victim, claimant, the provider, or under court order.

(c) By his or her signature on the ‘Mental Health Assessment and Treatment Plan Form’, effective 1/14/19, the provider shall agree to the following:

(1) I am a licensed therapist who is experienced in working with the victims of trauma;

(2) Under the laws and rules applicable to the Commission, that the Victims’ Compensation Program is the payer of last resort and all private insurance and/or federal or state funding, including Medicaid and Medicare, must be billed first;

(3) I will accept the NH Victims’ Compensation Program’s reimbursement of $75 for an individual, crime-related, therapy session and $35 for a group, crime-related, therapy session as payment in full;

(4) I understand that I may only bill the Victims’ Compensation Program for crime-related therapy.

(5) I will request any necessary extension of treatment 30 days prior to the end of all Commission approved sessions.;

(d) The provider shall complete this form only after personally meeting with the victim.

(e) The Victims’ Compensation program shall only pay for crime-related counseling expenses and shall only provide payment for licensed therapists.

(f) The provider shall submit an itemized statement and medical records relating to injuries directly resulting from the crime.

(g) The monetary cap on mental health treatment shall be $4,000.00 or 40 visits, whichever occurs first.

Source. #12938, eff 12-9-19

Jus 604.09 Verification of Funeral/Burial Expenses Form. If a claimant seeks compensation for funeral/burial expenses, the victims’ assistance unit shall request from each person who provided services for which compensation is sought that they complete and submit a “Verification of Funeral/Burial Expenses Form,” as revised 8/23/19. In addition to completing the form, each person who provided services shall include an itemized statement of services.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 604.09)

Jus 604.10 Reminders and Warnings. If the unit has not received the additional information and documents requested within 3 months after sending the “Acknowledgment of Receipt of Claim and Request for More Information Form,” or by the date specified in an extension granted pursuant to Jus 603.03(i), it shall send a reminder to the claimant that warns that a failure to provide such additional information and documents by the deadline shall result in the claim being dismissed without prejudice. Each such reminder shall request the same information as had been requested in the original request.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 604.10)

Jus 604.11 Safety Plan Form: If a claimant seeks compensation for relocation assistance, the crisis center advocate assisting the victim shall complete and submit the “New Hampshire Victims’ Compensation Program Safety Plan Form,” as revised 8/23/19.

Source. #12938, eff 12-9-19

Jus 604.12 10-Day Emergency Funds Compensation Form.

(a) A claimant crisis center submitting a request for compensation for compensation of 10-day emergency funds shall complete and submit a “10-Day Emergency Funds Compensation Form,” as revised 6/25/19 along with any of the following documentation to support its claim for eligibility for compensation:

(1) A copy of the police report for the underlying crime;

(2) A copy of the final restraining order; or

(3) A copy of a temporary restraining order and a copy of the police report for the underlying crime.

(b) A claimant crisis center submitting a request for compensation for payment of 10-day emergency funds shall submit copies of all receipts for goods and services provided to the victim for which the crisis center seeks compensation.

Source. #12938, eff 12-9-19

PART Jus 605 claim evaluation criteria and awards limits

Jus 605.01 General Requirements for Victim and Crime Eligibility and Award Compensation Priority.

(a) A claim shall be brought only by the following:

(1) A primary victim;

(2) A related victim regardless of whether the primary victim had expenses or liabilities totaling at least $100;

(3) A person designated in writing by an adult or emancipated minor primary victim or a court of competent jurisdiction to act as his or her representative; and

(4) The parent or guardian on behalf of a primary victim who is a minor.

(b) A request for compensation shall be made by a claimant or considered by the commission only if there is:

(1) An underlying criminal act that is or would be a misdemeanor or felony, or constitute driving while under the influence of alcohol or other controlled substance; and

(2) A primary victim who, as a direct result of a crime falling under (b)(1) above, suffered a personal injury or death and incurred expenses or liabilities totaling at least $100, except as provided in (a)(2) above.

(c) Awards for compensation shall be made in the following priority, conditioned upon the availability of funds:

(1) Out-of-pocket expenses shall be paid first;

(2) If funds are still available, the cost of anticipated services and expenses shall be set aside for such future services or expenses second;

(3) If funds are still available, individual providers shall be paid third; and

(4) If funds are still available, institutional providers, such as hospitals, shall be paid last.

(d) An eligible victim shall be awarded the greatest possible compensation based upon the facts of the claim, including supporting documentation, within the limits established for each category of compensation, up to the maximum established on a per claimant basis.

Source. #4864, eff 7-13-90; amd by #5430, eff 7-1-92, EXPIRED: 7-1-98

New. #7117, eff 10-8-99, EXPIRED: 10-8-07

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 605.02 Ineligibility. If any one or more of the following are true, the commission shall deny the claim for compensation in its entirety:

(a) The crime occurred before 11/2/1989, and the victim was neither a minor nor a victim of sexual assault;

(b) The primary victim did not suffer personal injury or death and incur expenses or liabilities totaling at least $100;

(c) The crime was not reported within 5 days of the crime unless good cause, which shall include but not be limited to the following, is shown:

(1) The victim’s medical condition prevented him or her from making such a report;

(2) The victim’s fear for his or her personal safety prevented the victim from making such a report;

(3) The victim’s fear of retribution prevented him or her from making such a report; or

(4) The victim’s emotional state or mental health prevented him or her from making such a report;

(d) There was no credible evidence for the commission to conclude that a crime resulting in personal injury or death actually occurred;

(e) The primary victim engaged in conduct that primarily contributed to his or her personal injury or death, including but not limited to, being a voluntary passenger in an impaired offender’s vehicle knowing that the offender was impaired. Notwithstanding the foregoing, in the case of a primary victim who was a homicide victim whose conduct primarily contributed to his or her death, only, any dependent related victim who has not attained the age of 18 shall be eligible for compensation solely for mental health counseling pursuant to Jus 605.04;

(f) The primary victim committed a crime which caused or contributed to his or her personal injury or death;

(g) The primary victim was a victim of an inmate-on-inmate crime that occurred in a jail or prison;

(h) The primary victim failed to cooperate materially with law enforcement agencies without good cause such as fear of retaliation by or on behalf of the offender;

(i) The compensation would provide benefit or enrichment to the offender, as prohibited by RSA 21-M:8-j, V; and

(j) After applying available insurance and all other available collateral financial sources, there are no outstanding expenses to be paid or reimbursed.

Source. #4864, eff 7-13-90; amd by #5430, eff 7-1-92, EXPIRED: 7-1-98

New. #7117, eff 10-8-99, EXPIRED: 10-8-07

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 605.03 Medical Expenses Awards.

(a) The commission shall award compensation for medical expenses if the underlying facts of the claim meet the requirements of Jus 605.01 and none of the circumstances resulting in ineligibility described in Jus 605.02 applies.

(b) A claimant submitting a request for compensation for or payment of medical expenses shall submit the following information and documentation to support the request:

(1) The name and address of each medical provider who provided crime-related treatment as identified on any bills or invoices received for such treatment;

(2) A detailed description of any insurance coverage or collateral financial source available;

(3) A completed “Insurance and Other Collateral Financial Source Information for Vehicle Crimes” form as described in Jus 604.03, if the claim involves a vehicle crime;

(4) An authorization for the release of medical and related billing information that complies with all applicable federal requirements for each provider;

(5) Documentation of denial of free or reduced fee hospital care, if the victim did not have health insurance at the time of treatment of the injuries sustained as a direct result of the crime; and

(6) Proof of all out-of-pocket health care expenses incurred by or on behalf of the victim and which were incurred as a direct result of the crime.

(c) Once the unit has received the information and documentation required pursuant to (b) above, the unit shall contact the appropriate providers to obtain the following directly from such providers:

(1) A treating physician’s report that describes the injuries sustained as a direct result of the crime;

(2) An itemized list of all medical costs incurred for treatment of the injuries sustained as a direct result of the crime; and

(3) Proof of payment of hospital costs made by or on behalf of the victim.

(d) The following kinds of expenses shall be eligible for compensation under the category of medical expenses, reimbursed at the established fee for service Medicaid rate where applicable:

(1) The actual cost of reasonable and necessary medical treatment provided by licensed health-care personnel, after first applying any available insurance or other available collateral financial source;

(2) The portion of the cost of all prescription medications prescribed to treat the victim’s physical and mental health injuries;

(3) The cost of reasonable and necessary physical assistance equipment, including modifications to buildings such as ramps;

(4) Replacement of lost or badly damaged existing physically assistive devices such as:

a. Hearing aids;

b. Dentures;

c. Prosthetic and other devices;

d. Wheelchairs;

e. Prescription eyeglasses and other corrective lenses, including contact lenses; and

f. Any other crime-related medical expense;

(5) Mileage to and from appointments with licensed health care providers, at the rate used by Medicaid to compensate mileage. Mileage shall be paid for trips over 10 miles round trip and is capped at 100 miles round trip;

(6) Hospital expenses paid by or on behalf of the victim;

(7) The portion of the cost for which the claimant is responsible, including co-pays, of all prescription medications prescribed to treat the victim’s mental health issues that were directly caused by the crime;

(8) The portion of the cost for which the claimant is responsible, including co-pays, of the actual amount billed for medication management services if the amount billed is consistent with usual and customary charges for such services in that geographical area;

(9) All other directly crime-related medical expenses incurred, including out-of-pocket expenses; and

(10) The commission shall award compensation for all medication management services provided, including medication prescribed, by the provider licensed to provide such services, at the fee for service Medicaid rate.

(e) Awards for compensation of medical expenses shall be limited pursuant to the following, subject to the statutory cap:

(1) The commission shall not award compensation for medical treatment provided by health-care personnel who do not hold appropriate licensure for the kind of treatment provided;

(2) The commission shall not award compensation for hospital care if:

a. The victim had health insurance at the time of treatment for injuries sustained as a direct result of the crime; and

b. Free or reduced fee care has not been denied by the hospital;

(3) Notwithstanding (e)(2) above, the commission shall award compensation for hospital care, but only to the extent that care was actually paid for out of pocket, if:

a. The victim did not have health insurance at the time of treatment for injuries sustained as a direct result of the crime; and

b. Free or reduced fee care has been denied by the hospital and payment by or on behalf of the victim has been made to the hospital, but only in the amount of the actual total payment made; and

(4) The commission shall award compensation at the fee for service Medicaid rate, where applicable, for inpatient hospital care, with 100% of the out-of-pocket expenses being reimbursed first, and any remaining sum used for others’ reimbursement.

(f) In circumstances in which a balance remains after applying insurance, other collateral financial sources, and compensation awards under this part, the unit shall contact the person or entity to whom the balance is owed and encourage that person or entity to write off such balance.

Source. #4864, eff 7-13-90; amd by #5430, eff 7-1-92, EXPIRED: 7-1-98

New. #7117, eff 10-8-99, EXPIRED: 10-8-07

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 605.04 Mental Health Expenses Awards.

(a) The commission shall consider and evaluate requests for compensation for mental health expenses if the underlying facts of the claim meet the requirements of Jus 605.01 and none of the circumstances resulting in ineligibility described in Jus 605.02 applies.

(b) A claimant submitting a request for compensation for mental health expenses shall submit the following information and documentation to support the request:

(1) The name and address of each licensed mental health provider who provided crime-related treatment as identified on any bills or invoices received for such treatment;

(2) An up-to-date release, insurance and other collateral source information as described in Jus 604.03;

(3) A completed “Insurance and Other Collateral Financial Source Information for Vehicle Crimes” form as described in Jus 604.04, if the claim involves a vehicle crime;

(4) A mental health treatment plan signed by the licensed provider; and

(5) An authorization for the release of mental health and related billing information that complies with all applicable federal requirements for each provider.

(c) Once the unit has received the information and documentation required pursuant to (b) above, the unit shall:

(1) Contact the licensed mental health care provider to request a copy of the mental health treatment plan submitted by the licensed mental health professional to the victim’s insurance carrier, or if the victim does not have insurance, the licensed metal health provider-completed initial assessment and treatment plan;

(2) Contact the licensed health care provider to request a copy of the mental health medication treatment plan created by a health care provider licensed to prescribe medication;

(3) Contact the appropriate licensing body to verify that the treating mental health care provider is in fact licensed in the jurisdiction in which mental health treatment has been, is being, or will be provided; and

(4) Contact the licensed mental health care provider to request a copy of each bill or invoice itemizing all charges for mental health services, including for medications and medication management, the payment for which the victim is responsible.

(d) The following kinds of expenses shall be eligible for compensation under the category of mental health expenses:

(1) The actual cost of treatment, whether individual, group, or both, provided by licensed mental health personnel, after first applying any available insurance or other available collateral financial source, for mental health issues that were directly caused by the crime;

(2) Mileage to and from appointments with licensed mental health care providers, at the fee for service Medicaid rate. Mileage shall be paid for trips over 10 miles round trip and shall be capped at 100 miles round trip; and

(3) All other directly crime-related mental health expenses incurred, including out-of-pocket expenses not already described above.

(e) Awards for compensation of mental health expenses shall be limited pursuant to the following:

(1) The commission shall not award compensation for mental health treatment or services provided by mental health personnel who do not hold appropriate licensure for the kind of treatment provided;

(2) The commission shall award compensation up to $4,000 in total expenses, or 40 visits, whichever comes first;

(3) The mental health treatment shall be crime-related therapy;

(4) The commission shall award compensation that does not exceed the portion of the cost of each individual therapy session for which the victim is responsible, limited to the lesser of:

a. The Medicaid reimbursement rate applicable to the licensed provider; or

b. The amount billed by the licensed provider; and

(5) The commission shall award compensation that does not exceed the portion of the cost of each group therapy session for which the victim is responsible, limited to the lesser of:

a. The Medicaid reimbursement rate applicable to the licensed provider; or

b. The amount billed by the licensed provider.

(f) In circumstances in which a balance remains after applying insurance, other collateral financial sources, and compensation awards under this part, the commission shall contact the licensed mental health care provider to whom the balance is owed and encourage that provider to write off such balance.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 605.05 Lost Wages Awards.

(a) The commission shall award compensation for lost wages, whether the claimant is self-employed or employed by another, if the underlying facts of the claim meet the requirements of Jus 605.01 and none of the circumstances resulting in ineligibility described in Jus 605.02 applies.

(b) A claimant submitting a request for compensation for lost wages shall submit the following documentation to support the request:

(1) If self-employed, the tax returns for the year in which the crime occurred, if available, and for the year prior to that;

(2) If employed by another, a statement from the employer that contains the amount of time lost and the wages that would have been earned for that time;

(3) If compensation for lost overtime wages is sought, a statement from the employer that addresses the reasons for the overtime lost and the claimant’s history of overtime work;

(4) For lost wages for more than 14 consecutive days, a report from a licensed health care provider that confirms the claimant’s inability to work during that period; and

(5) Copies of all written confirmations of appointments with medical providers, mental health providers, police and other law-enforcement officials, and any other appointments necessitated as a direct result of the crime.

(c) The following activities shall be eligible for compensation under the category of lost wages:

(1) Time spent for physical or mental recuperation from personal injuries sustained as a direct result of the crime;

(2) Time spent for medical appointments;

(3) Time spent for mental health appointments;

(4) Time spent meeting with police or other law enforcement officials;

(5) Time spent for pretrial preparation, including for depositions;

(6) Time spent in court during the trial, at sentencing, or both;

(7) Time spent at probation hearings; and

(8) Time spent at parole hearings.

(d) Wages lost for any of the reasons listed under (c) above shall be compensable even if the claimant had leave time available from his or her employer and was paid by using such leave time.

(e) The following limitations shall apply to awards made for lost wages:

(1) Compensation shall be paid at a rate of 75% of the claimant’s gross income, not to exceed 3 months, taking into account previously scheduled increases in the claimant’s rate of pay;

(2) Compensation for overtime shall be awarded based on the claimant’s history of working overtime or the employer’s verified requirement that the claimant have worked on anticipated overtime, or both; and

(3) The total compensation paid for lost wages shall not exceed 75% of the claimant’s pre-crime wages, not to exceed 3 months, including any workers’ compensation or disability benefits received.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 605.06 Loss of Support Awards.

(a) The commission shall award compensation for the loss of support from a primary victim if:

(1) Such primary victim suffers partial or total disability or death as a direct result of the crime;

(2) The underlying facts of the claim meet the requirements of Jus 605.01; and

(3) None of the circumstances resulting in ineligibility described in Jus 605.02 applies.

(b) The following persons shall be eligible to submit requests for compensation for a loss of support:

(1) The spouse of the primary victim;

(2) The domestic partner of the primary victim;

(3) The children or step-children of the primary victim; and

(4) Any other person claimed by the primary victim as a dependent on the most recent year’s tax return.

(c) A separate claim shall be submitted for each eligible person, and the amount awarded pursuant to (f)(2) below shall apply to each such separate claim.

(d) A claimant submitting a request for compensation for loss of support shall submit the following documentation to support the request:

(1) The primary victim’s tax return, listing every dependent, for the year previous to the crime;

(2) If it is claimed that the primary victim suffered partial or total physical disability, a report from a physician, the New Hampshire department of labor, or the Social Security Administration that declares the primary victim to be or to have been partially or totally disabled;

(3) If it is claimed that the primary victim suffered partial or total mental health disability, a report from a licensed mental health provider whose license authorizes the making of such diagnoses;

(4) In the case of a primary victim’s spouse claiming loss of support, one of the following:

a. A copy of the marriage license;

b. The most recent year’s joint tax return; or

c. Affidavits from 2 unrelated persons, neither of whom is related to the claimant, indicating that the claimant and the victim had been married at the time of the crime that resulted in the disability or death of the primary victim;

(5) In the case of a domestic partner claiming loss of support, separate affidavits from the domestic partner and 2 unrelated persons, neither of whom is related to the claimant, indicating when the relationship began and that the relationship was ongoing at the time of the crime that resulted in the disability or death of the primary victim;

(6) In the case of a primary victim’s child claiming loss of support, a copy of the following:

a. The child’s birth certificate listing the primary victim as the child’s parent; or

b. A final order from a court of competent jurisdiction indicating that the child had been adopted by the primary victim with:

1. A copy of the victim’s most recent tax return showing that the victim claimed the child was his or her dependent; or

2. A copy of documentation indicating the primary victim paid child support; and

(7) In the case of any other person requesting compensation for loss of support, an affidavit from such other person indicating:

a. The nature of the relationship with the primary victim;

b. When the relationship with the primary victim began; and

c. That the primary victim listed the affiant as a dependent on the primary victim’s most recent tax return.

d. To document that the victim was a victim of a homicide, the unit shall request

(8) A copy of the death certificate prepared by the medical examiner for the jurisdiction in which the autopsy was performed; or

(9) A letter so stating from the homicide unit in the New Hampshire department of justice if the crime occurred in New Hampshire, or from the prosecuting agency of the jurisdiction in which the crime occurred.

(e) Whether a loss of support exists shall be determined by applying the following process:

(1) The amount of income that the victim would have earned between the time of the crime and the time either when the victim would not be able to claim the claimant as a dependent for tax purposes or when the victim would not be under any legal obligation to support the claimant;

(2) The total amount of all collateral financial sources, excluding the first $100,000 in life insurance benefits shall be divided by the number of dependents and then subtracted from the figure computed pursuant to (f)(1) above;

(3) If the amount computed pursuant to (f)(2) above is less than the amount computed pursuant to (f)(1) above, the commission shall determine that a loss of support exists; and

(4) If the amount computed pursuant to (f)(2) above is more than the amount computed pursuant to (f)(1) above, the commission shall determine that no loss of support exists.

(g) For purposes of determining assets to be counted as collateral financial sources for loss of support purposes, any trusts created for the benefit of dependents of the victim shall be included, regardless of whether access to the funds is immediate or not until some future date. The unit, upon learning of such a trust, shall inform the surviving spouse, trustee, or guardian that permission from the probate court to invade the trust can be sought for any reason allowed by law.

(h) The following limitations shall apply to awards made for loss of support:

(1) Compensation shall be paid in a lump sum, if funding permits;

(2) The amount of compensation shall be the lesser of the amount computed pursuant to (f)(2) above divided by the number of claimants or $30,000; and

(3) Awards to a minor claimant shall be made to the surviving parent or to the minor’s guardian, provided that such parent or guardian provides judicially enforceable written assurances that the money will be spent in the best interests of the minor.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 605.07 Relocation Expenses Awards.

(a) The commission shall award compensation for relocation expenses, if:

(1) The offender poses a continuing credible threat to the safety of the claimant;

(2) There is either:

a. A police report and a temporary restraining order or other court order have been issued against the claimant’s abuser or potential abuser or a final restraining order has been issued against the claimant’s abuser or potential abuser; or

b. If the claimant does not have a restraining order against the abuser, the claimant shall present a letter from a victim’s advocate setting forth the basis for not obtaining a protective order, which may include, among other reasons, safety concerns for the claimant;

(3) The underlying facts of the claim meet the requirements of Jus 605.01; and

(4) None of the circumstances resulting in ineligibility described in Jus 605.02 applies.

(b) A claimant submitting a request for compensation for relocation assistance shall submit the following documentation to support the request:

(1) A copy of either a police report and a temporary restraining order or bail conditions that have been issued against the claimant’s abuser or potential abuser or a final restraining order that has been issued against the claimant’s abuser or potential abuser;

(2) A copy of the lease, which shall be for a minimum of one year and list the claimant as a primary responsible party;

(3) A copy of the front and back of all pages of each invoice from each utility company providing service at the new residence;

(4) An estimate or the actual billing invoice for the services of a moving company or movers; and

(5) Copies of all receipts for items the purchase or rental of which was necessitated by the relocation itself.

(c) The advocate assisting the claimant may submit a letter of support and shall submit a Safety Plan Form pursuant to Jus 604.11 for the claim for relocation expenses that explains and addresses the following:

(1) The history of the domestic violence, regardless of whether there is police documentation, between the claimant and the offender that includes a brief narrative of the most recent incidents of violence, abuse, or threats;

(2) A description of the claimant’s immediate and specific concerns regarding her or his safety, including the offender’s proximity, and how the award will address those concerns;

(3) An explanation for any behavior of the claimant that might, on its face, appear to exhibit a lack of cooperation;

(4) A statement regarding the claimant’s plan for the future, including expected financial strength and housing; and

(5) Any other issues or concerns specific to the claimant or the claimant’s situation as they relate to relocation.

(d) The following verified expenses shall be eligible for compensation under the category of relocation expenses:

(1) Security deposit and one month’s rent;

(2) Start-up utility expenses, excluding any arrearages, or one month’s utilities;

(3) Up to 3 months’ storage;

(4) The rental of a moving truck or trailer to transport the claimant’s possessions;

(5) Expenditures necessitated by the relocation including but not limited to:

a. Moving materials such as boxes, packaging, and tape; and

b. Travel expenses to the new location such as:

1. Fuel;

2. Tolls;

3. Food;

4. Lodging; and

5. Fare for bus, train, air, or other scheduled carrier’s transportation;

(6) The cost of the move as billed by the moving company;

(7) Local telephone service and safety-related features such as caller-ID for one month; and

(8) The cost, as billed by the cellular provider, for changing a cell phone number.

(e) The following limitations shall apply to awards made for relocation expenses:

(1) Relocation expenses shall be a one-time benefit per claim;

(2) Relocation expenses shall be paid for expenses associated with the new residence only and not applied to any arrearages associated with the residence the claimant is leaving or has left;

(3) Relocation expenses shall be capped at $5,000;

(4) Compensation for security deposit and one month’s rent and for the services of the movers shall be paid directly to the landlord and the movers, respectively;

(5) No compensation shall be awarded for cable television, long-distance telephone, internet service; and

(6) The relocation shall occur within 6 months of the award of compensation for relocation unless the claimant requests an extension and demonstrates:

a. Housing is not available within that time period; and

b. The circumstances giving rise to the concern for safety are anticipated but will not occur until after the compensation has been awarded.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 605.08 Funeral and Grave Marker Expenses Awards.

(a) The commission shall award compensation for payment of funeral and grave marker expenses incurred as a result of a homicide if the underlying facts of the claim meet the requirements of Jus 605.01 and none of the circumstances resulting in ineligibility described in Jus 605.02 applies.

(b) A claim for compensation for funeral and grave marker expenses shall considered to be and processed as a claim of the primary victim unless the primary victim engaged in contributory conduct sufficient to warrant denial of the primary victim’s claim pursuant to Jus 605.02(e).

(c) A claimant submitting a request for compensation for funeral and grave marker expenses shall submit the following documentation to support the request:

(1) A copy of the final invoice for the funeral; and

(2) A copy of the final invoice for the grave marker.

(d) The unit shall obtain a copy of the death certificate from the victim witness advocate or from the medical examiner or shall obtain a letter from the homicide unit in the New Hampshire department of justice if the crime occurred in New Hampshire, or from the prosecuting agency of the jurisdiction in which the crime occurred, confirming that the case is a homicide.

(e) The following limitations shall apply to awards made for funeral and grave marker expenses:

(1) Funeral and grave marker expenses compensation shall be considered as part of the primary victim’s claim;

(2) Funeral and grave marker expenses shall be capped at $7,000;

(3) Grave preparation, including opening and closing the grave site, burial lot, and container fees shall be capped at $3,000; and

(4) No compensation shall be awarded for the cost of any of the following:

a. Clothing for the victim or any other person;

b. Any expense associated with the funeral reception; and

c. Any expense associated with a wake.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 605.09 10-Day Emergency Funds Compensation to Crisis Centers.

(a) Notwithstanding the provisions of Jus 605.01 relative to who may bring a claim for compensation, the commission shall award compensation to a crisis center for payment of 10-day emergency funds by the crisis center to a victim of domestic violence or sexual assault provided that the victim is eligible under Jus 605.01 and none of the circumstances resulting in ineligibility described in Jus 605.02 applies.

(b) A claimant crisis center submitting a request for compensation for compensation of 10-day emergency funds shall complete and submit a “10-Day Emergency funds Compensation form,” revised 6/25/19, along with any of the following documentation to support its claim for eligibility for compensation:

(1) A copy of the police report for the underlying crime;

(2) A copy of the final restraining order; or

(3) A copy of a temporary restraining order and a copy of the police report for the underlying crime.

(c) A claimant crisis center submitting a request for compensation for payment of 10-day emergency funds shall submit copies of all receipts for goods and services provided to the victim for which the crisis center seeks compensation.

(d) Payment for the following goods and services by a crisis center shall be eligible for compensation under the category of 10-day emergency fund compensation:

(1) Food for the victim and the victim’s family;

(2) The purchase of clothing and personal hygiene items for the victim and the victim’s family;

(3) The cost of shelter for the victim and the victim’s family;

(4) Transportation for the victim and the victim’s family;

(5) The replacement or repair of locks, windows, and doors necessary to secure the residence; and

(6) The cost of medically necessary medications.

(e) The following limitations shall apply to compensation of crisis centers for payment of 10-day emergency funds to victims of domestic abuse or sexual assault:

(1) The amount used for the purchase of clothing shall be capped at $100 per person;

(2) The per-adult limit for the provision of all goods and services, except the purchase of clothing pursuant to (d)(2) and (e)(1) above, shall be $1,000;

(3) The per-child limit for the provision of all goods and services, except the purchase of clothing pursuant to (d)(2) and (e)(1) above, shall be $250; and

(4) Compensation shall be made to the crisis center and not to the victim.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 605.10 Safety and Security Expense Awards.

(a) The commission shall award safety and security expenses incurred as a result of an eligible crime if the underlying facts of the claim meet the requirements of Jus 605.01 and none of the circumstances resulting in ineligibility described in Jus 605.02 applies.

(b) A claimant submitting a request for compensation for safety or security expenses shall submit the following documentation to support the request:

(1) Copies of all invoices or receipts for safety or security-related devices, improvements, or services for the residence;

(2) Copies of all invoices or receipts for safety or security-related devices or services to be used outside the residence; and

(3) An explanation of the necessity for such devices or services.

(c) Items and services eligible for compensation under the safety and security category shall include:

(1) Installation costs of a residential monitoring system;

(2) Up to one year of residential monitoring;

(3) Installation of locks and other devices to secure windows and doors in the residence;

(4) Any other device or service the primary purpose of which is to provide safety or security of the claimant, and which is the most cost-effective way of achieving that goal; and

(5) Safety and security expenses shall be capped at $3,000.

(d) To the extent the commission determines that concerns for the claimant’s safety indicate a need for such items, improvements, or services, it shall approve the claim.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 605.11 General Mileage Reimbursement Awards.

(a) A $500 cap for mileage reimbursement for travel to crime-related interviews, pre-trial, trial, sentencing, hearings for securing protective orders and parole.

(b) Mileage reimbursement shall be at the fee for service Medicaid rate.

(c) Mileage reimbursement shall include transportation that is most cost effective such as airfare, train, or car, not to exceed the cap.

(d) Activities eligible for mileage reimbursement shall be:

(1) Meetings with child advocacy centers; or

(2) Meetings with county advocates, law enforcement, and prosecutors, including crime-related interviews, pre-trial, trial, sentencing, post-conviction or appellate proceedings, and hearings for securing protective orders and parole.

(e) The victims’ compensation program shall be the payer of last resort.  If the victim is eligible for witness fees and mileage, they shall seek reimbursement that way.

Source. #12938, eff 12-9-19

Jus 605.12 Reimbursement of the Fund By Claimants.

(a) Seeking to recover damages through instituting a civil suit shall neither be required of claimants nor shall it be a bar to an award of compensation from the fund under Jus 600.

(b) As a condition for applying for and accepting any award of compensation from the fund under Jus 600, the claimant shall agree to:

(1) Upon the filing of a civil suit to recover damages, immediately notify and provide a copy of such filing to the commission and the department;

(2) Provide the commission and the department with copies of all potentially dispositive pleadings and all interim and final orders of the court hearing the suit;

(3) Immediately notify the commission and department of the receipt of any payment for damages, injury or economic loss from any source; and

(4) Within 30 days of receipt of payment pursuant to (b)(3) above, reimburse the fund, through the department.

(c) Reimbursement pursuant to (b)(4) above shall be in an amount equal to the lesser of:

(1) The actual amount of compensation awarded by the commission;

(2) The amount of such payment received from a collateral financial source; or

(3) The net amount of the civil suit judgment after deducting all fees and costs associated with the civil action.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19 (formerly Jus 605.11)

Jus 605.13 Felonious Sexual Assault Examinations and Prophylaxis.

(a) Pursuant to RSA 21-M:8-c, a person who claims to be a victim of a felonious sexual assault who is examined by a physician or hospital for the purpose of treatment, gathering information or evidence shall not be charged for such services or examination that relate to the sexual assault and any other crime-related injuries. All payments rendered under this provision shall be subject to the fee for service Medicaid rate. The department shall also pay for follow-up services and examination related to the sexual assault only and shall not pay for such services or examinations for other crime-related injuries or expenses.

(b) For the safety and privacy of the victim, the health care provider shall not, under any circumstances, send an invoice or billing statement directly to the victim but shall send it directly to the department.

(c) The following billing protocol shall apply:

(1) If the victim of a felonious sexual assault chooses to remain anonymous, even if they have healthcare insurance, the health provider shall seek payment directly from the department or shall write off such charges;

(2) If the victim of a felonious sexual assault has insurance, and chooses to bill their healthcare insurance, the health provider shall seek payment from the patient’s healthcare insurer. Neither the patient nor the department shall be billed for anything above the coverage limit; and

(3) If the victim of a felonious sexual assault is covered by Medicaid or Medicare and the reporting kit is not anonymous, the health provider shall seek payment directly from Medicaid or Medicare.

(d) If a person who claims to be a victim of a felonious sexual assault has health insurance, and opts to use their insurance, which requires the payment of a deductible or a co-payment for such services or examination, the department shall either reimburse the victim for such payment made or pay such deductible or co-payment directly.

(e) The victim shall agree to forensic evidence collection if examination is sought within 10 days of the assault. The evidence so collected shall not be examined forensically unless the victim also reports the crime to law enforcement. The victim may initially choose to have such evidence collection done anonymously, but the victim shall choose whether to report the crime within 60 days of the evidence collection. If the victim does not report within the 60-day period, the evidence shall be destroyed.

(f) If it is determined by the examining health care provider that the victim may have been exposed to HIV/AIDS as a result of the assault, a voucher for prophylactic medication(s) shall be given to the victim.

(g) Each victim shall also receive a voucher for forensic medical follow-up care. Any payment of a deductible or co-payment for such care shall be handled as provided in (c) above.

(h) A victim who has sought medical treatment pursuant to (a) and (d) above shall be deemed to:

(1) Have made a report to law enforcement in compliance with Jus 605.02(c); and

(2) Have presented credible evidence that an eligible crime has occurred pursuant to Jus 605.02(d).

Source. #12938, eff 12-9-19 (formerly Jus 605.12)

PART Jus 606 COMMISSION PROCEDURES

Jus 606.01 Commission Chair.

(a) The members of the commission shall, after polling its members, make a recommendation to the attorney general as to its preference for commission chair.

(b) The attorney general shall consider the recommendation of the commission and designate one member of the commission who shall serve as chair. The term shall be for one year.

(c) The chair shall, unless absent or recused, preside at all meetings of the commission. In the absence of the chair, the commissioners present shall select a member to act as chair for that meeting, only.

Source. #4864, eff 7-13-90, EXPIRED: 7-13-96

New. #7117, eff 10-8-99, EXPIRED: 10-8-07

New. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 606.02 Meeting. The commission shall, if a quorum is available, meet monthly or at the call of the chair.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 606.03 Attendance. Commission members shall attend each regular and special meeting of the commission or shall contact commission staff at least 24 hours prior to a meeting the member will be unable to attend.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

Source. #12938, eff 12-9-19

Jus 606.04 Quorum.

(a) No business of the commission shall be conducted unless a quorum is present.

(b) For purposes of a commission meeting, a quorum shall require the presence of at least 3 commission members. Such presence can be physical or electronic, but if electronic, all other commission members and all other persons entitled to be present shall be able at least to hear the physically absent commission member via telephone, internet, or any other modality that allows instant, real-time communication and participation.

(c) For purposes of a commission vote, a quorum shall require the presence of at least 3 commission members who have not recused themselves and are otherwise entitled to vote on the pending question. Such presence can, subject to the provisions of RSA 91-A:2, III, be physical or electronic, but if electronic, all other commission members entitled to be present shall be able at least to hear the physically absent commission member via telephone, internet, or any other modality that allows instant, real-time communication and participation.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 606.05 Commission Meetings.

(a) Notice of commission meetings shall be posted at least in the following sites and at the locations where notices typically are posted at the:

(1) Department’s public reception area;

(2) State house in the elevators and on the public notice bulletin board next to the cafeteria; and

(3) Department’s website.

(b) Commission staff shall prepare a specific agenda for each meeting. Each agenda shall briefly describe the business that the commission can be anticipated to consider, act upon, or both. However, such descriptions shall contain no personally identifiable information regarding any victim or claimant so as not to revictimize such persons.

(c) The general elements of meeting agendas shall include:

(1) Administrative developments raised by commission staff;

(2) Review and approval of the previous meeting’s minutes;

(3) Review of fund financial information;

(4) Identification by claim number of felonious sexual assault examinations conducted;

(5) Identification by claim number of drug testing awaiting authorized signatures;

(6) Identification by claim number of administrative claims provided to commission members for their review at the meeting;

(7) Identification by claim number of other claims provided to commission members for their review at the meeting;

(8) Old business;

(9) New business;

(10) Discussion and setting of future meeting dates; and

(11) A statement of other events and dates that relate to the work of the commission and which might be of interest to commission members.

(d) Commission meetings shall be open to the public for those portions of the meetings at which there is no basis for entering into nonpublic session. However, when there is a basis for going into nonpublic session as provided pursuant to RSA 91-A:3, the commission shall, unless otherwise requested by the person affected, enter nonpublic session and take all actions required under that provision.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 606.06 Decisions. All decisions of the commission shall be final except as provided in Jus 606.07.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

Jus 606.07 Reconsideration.

(a) Any victim or claimant who is adversely affected by a decision of the commission may submit a written request for reconsideration pursuant to Jus 603.03(m)–(q) or a notice of appeal pursuant to Jus 603.03(r) and (s).

(b) Each petition for reconsideration or notice of appeal shall be filed with the unit no later than 30 days from the date of the letter notifying the claimant of the commission’s adverse decision.

(c) The request for reconsideration or notice of appeal shall be served in person or by mail to the following address:

Victims’ Compensation Unit

Department of Justice

33 Capitol Street

Concord, NH 03301-6397

(d) Each request for reconsideration shall be considered as set forth in Jus 603.03(m) through (q), and each notice of appeal shall be considered as set forth in Jus 603.03(s).

(e) A request for reconsideration shall be placed on the agenda of the first commission meeting that is at least 14 days after the filing of the request.

(f) A motion for reconsideration or an appeal shall be decided as soon as is practicable and in accordance with RSA 541-A:29.

(g) written decision on the motion for reconsideration shall be provided to the claimant within 30 days of the date of the decision on the motion.

Source. #9553, eff 9-25-09, EXPIRED: 9-25-17

New. #12938, eff 12-9-19

PART Jus 607 NON APPROPRIATION

Jus 607.01 Non-Appropriation. If sufficient funds are not appropriated or otherwise made available to support payment or reimbursement for claims filed under the program in any fiscal year, the department shall not be liable to the claimant for such payment or reimbursement.

Source. #12938, eff 12-9-19

APPENDIX

RULE	STATE STATUTE IMPLEMENTED
Jus 601 (all provisions)	RSA 541-A:8
Jus 601.01	RSA 21-M:8-b through RSA 21-M:8-l
Jus 602 (all provisions)	RSA 541-A:7 and RSA 541-A:8
Jus 602.08	RSA 21-M:8-g
Jus 602.12	RSA 21-M:2
Jus 602.15	RSA 169-D
Jus 602.17	RSA 21-M:8-g, II
Jus 602.20	RSA 330-A:2, VII
Jus 602.23	RSA 329
Jus 603.01	RSA 541-A:8
Jus 603.02	RSA 21-M:8-g, I and RSA 21-M:8-h, II
Jus 603.03	RSA 541:3 and RSA 541:6
Jus 604 (all provisions)	RSA 541-A:8, RSA 21-M:8-j, I
Jus 604.01	New Hampshire Laws 2009, 269:1; RSA 641:2 and RSA 651-D
Jus 604.02	RSA 21-M:8-h, X (a)(b)
Jus 605 (all provisions)	RSA 21-M:8-h, RSA 21-M:8-j
Jus 605.02	RSA 21-M:8-j, V
Jus 605.11	RSA 21-M:8-j, IV
Jus 605.12	RSA 21-M:8-c
Jus 605.13	RSA 21-M:8-c
Jus 606 (all provisions)	RSA 21-M:8-g, III and RSA 541-A:16, I(b)
Jus 606.04	RSA 91-A:2, III
Jus 606.07	RSA 541-A:29