Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 76 - CRIME VICTIMS' COMPENSATION › Section 137-076-0020 - Definition of Reasonable Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule, "necessary
			 services" are those required for the treatment of physical or emotional injury
			 suffered by the victim as a direct result of a compensable crime.
(2) For purposes of ORS
			 147.035, reasonable hospital
			 expenses shall be limited to expenses for necessary services provided by
			 licensed hospitals and by other health care facilities licensed to provide
			 services that may otherwise be supplied by hospitals.
(3) For purposes of ORS
			 147.035, reasonable medical
			 expenses shall be limited to ambulance expenses and expenses for necessary
			 services provided by a Medical Practitioner. Medical treatment needs to be
			 provided by a licensed provider and injuries must be a direct result of the
			 compensable crime. Verification to substantiate the necessity and
			 reasonableness of treatment that was the direct result of the compensable crime
			 may be required by the Department.
(4) For purposes of ORS
			 147.025 and
			 147.035, reasonable psychiatric,
			 psychological or counseling expenses are limited to expenses for necessary
			 services provided by psychiatrists or physicians licensed under ORS Chapter
			 677, or psychiatric mental health nurse practitioners licensed under ORS
			 Chapter 678, or licensed psychologists, licensed clinical social workers,
			 licensed professional counselors, licensed psychologist associates or licensed
			 marriage and family therapists licensed under ORS Chapter 675, or qualified
			 mental health professionals as defined in OAR 309-039-0510(10). The Department
			 shall have the authority to grant an exception to the above requirements when
			 justification is provided that none of the above-referenced mental health
			 treatment providers is a reasonable option for addressing the crime-related
			 needs of a specific victim.
(5) For
			 purposes of ORS 147.035, rehabilitation expenses
			 are limited to necessary services associated with physical rehabilitation,
			 alternative therapy or adaptations to allow a victim to conduct daily living
			 tasks. A provider is licensed under the provisions governing that provider's
			 profession. Treatment must be within 6 months from the date of the first crime
			 related visit. If treatment begins beyond 6 months from the date of the
			 compensable crime, the Department may require additional information.
(6) Pursuant to ORS
			 147.035(3)(a),
			 the Department may award compensation for reasonable funeral expenses of up to
			 a maximum of $5,000.00 to an applicant. The Department, at its discretion, may
			 award an additional amount of compensation for funeral expenses of up to
			 $5,000.00. Funeral expenses may include, but are not limited to, transportation
			 of the deceased victim's remains, cremation services, memorial or celebration
			 of life expenses, a headstone or grave marker, an urn, and travel expenses for
			 survivors to attend the funeral service or make funeral arrangements.
(7) Reasonable cleaning expenses are those
			 expenses reasonably related to the cleaning or removal of blood, bodily fluids,
			 or any other potentially infectious material.
Statutory/Other Authority: ORS
				  147.205(1)
Statutes/Other Implemented: ORS
				  147.025 &
				  147.035