Neb. Admin. Code tit. 80 — Crime Victim's Reparations Committee

Chapter 1 Definitions

Neb. Admin. Code tit. 80, ch. 1 Definitions {#sec-80-nac-1 omnilex-key=us-ne-regs-official--title-80--80 NAC 1}

001 Purpose – To outline common terms used by the Crime Victim’s Reparations program staff and Committee while conducting business.

002 Act – Act means the Nebraska Crime Victim's Reparation Act, Nebraska Revised Statutes §81-1801 to 81-1842.

003 Annual Rate Schedule – The Committee, during the first quarter committee meeting of each new calendar year, will set the rate schedule for the following items: Mental Health maximum benefits, Funeral and Burial maximum benefits, Crime Scene Clean-Up maximum benefits, and Direct Medical Provider Compensation maximum benefits.

004 Applicant – Applicant means any victim or other eligible party who has applied for compensation under the Act. An applicant may also be referred to as claimant.

005 Application – Application means a form provided by the Committee and filed with the Committee, containing a verified statement by the applicant setting forth facts justifying compensation, together with any other documentation required by the application form or the Committee.

006 Claimant – An individual who has filed a claim for compensation under the Act.

007 Commission – Commission shall mean the Nebraska Commission on Law Enforcement and Criminal Justice.

008 Committee – Committee shall mean the duly appointed Crime Victim's Reparations (CVR) Committee.

009 Compensation – Compensation means any monetary award made by the Committee or Hearing Officer to an applicant or to any other person or entity on behalf of an applicant.

010 Dependent – Dependent means a relative of a deceased victim who was dependent upon the victim's income at the time of death, including a child of a victim born after a victim’s death.

011 Eligible – Eligible, as used herein, means someone who is not prohibited from receiving compensation as outlined in the Act.

012 Good Cause – Good Cause means substantial ground(s) investigated by and agreed upon by the Committee to waive contacting the claimant’s employer for loss of wage claims and for the Committee to allow a good cause extension of the two-year established deadlines for CVR claim application.

013 Hearing Officer – Hearing Officer means the Executive Director of the Commission, or any person or persons licensed to practice law in Nebraska who are designated by the Committee and approved by the Commission to make claim decisions and conduct hearings on behalf of the Committee.

014 Licensed Provider – Licensed provider means facilities rendering medical, mental health counseling, and/or pharmaceutical services as authorized by law in relation to the criminal act for which the victim owes payment. For mental health counseling this includes counseling provided under the supervision of a licensed psychiatrist, psychologist, licensed professional counselor or licensed social worker.

015 Maintenance – Maintenance of the victim means the providing of care to the victim because the victim is not able to care for himself/herself. Requirement for such care must be prescribed by the licensed medical provider in writing.

016 Offender – Offender means a person who caused the personal injury or death to the victim as a result of the criminal act.

017 Out-of-Pocket Expenses – Expenses that are directly attributable to the crime and are eligible for reimbursement under the Act.

018 Personal Injury – Personal Injury means actual bodily harm.

019 Relative – Relative means spouse, parent, grandparent, step-parent, natural born child, step-child, adopted child, grandchild, step-grandchild, brother, sister, half- brother, half-sister or spouse's parents.

020 Victim – Victim means an individual, as identified in the Act, who suffers personal injury or death from a criminal act attempted or committed in Nebraska, a Nebraska resident or non-resident who suffers personal injury or death from a terroristic act attempted or committed in Nebraska, and Nebraska residents who suffer personal injury or death from a terroristic act attempted or committed in another state, nation, country or territory.

020.01 –A victim also includes an individual who suffers emotional trauma as a result of witnessing the actual attempted or committed criminal act in Nebraska.

020.02 – A secondary victim means a parent or child of a victim who suffers personal injury, emotional trauma, or death from a criminal act attempted or committed in Nebraska

History

• Effective 2024-11-10

Chapter 2 Application

Neb. Admin. Code tit. 80, ch. 2 Application {#sec-80-nac-2 omnilex-key=us-ne-regs-official--title-80--80 NAC 2}

001 Purpose – To further define individual components of the Crime Victim’s Reparations claim form and information necessary to complete the claim file.

002 Eligible Applicant – To be eligible for compensation, the claimant must have incurred actual financial losses as defined in Chapter 3 which are not covered by other sources for expenses directly related to the crime. The claimant will not be eligible for compensation if he/she was convicted of a federal crime or is delinquent in paying a court ordered fine, penalty, or restitution. The following are eligible to file an application:

002.01 – Any victim of a criminal act or one authorized by law to act on a victim’s behalf;

002.02 – Any person responsible for the maintenance and support of the victim who has suffered pecuniary loss while providing maintenance and support to the victim or has incurred the victim’s expenses as a result of the victim’s injury or death;

002.03 – Each dependent of a deceased victim who has suffered a pecuniary loss (see Chapter 3, subsection 002.03 of Title 80);

002.04 – An eligible individual who incurred eligible expenses which are a direct result of the victim’s injury or death.

003 Form – The application form, developed by the Committee must be fully completed and mailed with sufficient postage, submitted electronically, or delivered to the Crime Victim’s Reparations program.

003.01 – Incident Information – The claimant is required to provide the following, if known: a brief description of the incident; the date, place, and time of the incident; the date the incident was reported to a law enforcement agency.

003.02 Signatures – The claimant is required to sign a statement authorizing the release of information relating to the incident and to information relating to services rendered to the victim. Information and records received relating to the victim, the criminal incident and treatment shall remain confidential except for that information considered public under Nebraska or U.S. laws. The claimant is required to submit a signed statement attesting to the validity of the facts included in the claim for compensation.

004 Documentation – The following documentation and information may be considered in reviewing applications and can be included with theapplications:

004.01 Medical Mental Health, Dental, Prescription, Other – Billing statements, receipts, and/or Explanation of Benefits showing applicable provider contact information for medical, mental health, dental, prescriptions, or other health care services provided to the victim, which are directly related to the incident for which compensation is being requested. If requested by the program, all medical and/or mental health reports relating to the incident for which compensation is being requested must be submitted by the medical, dental, or mental health care provider.

004.02 Wages – Claimants applying for loss of wage shall provide the program with the employer’s name, address, telephone number, and email if available. Self-employed claimants will be required to submit tax returns from the previous two years and other necessary documentation as requested by the program. If a claimant requests the CVR program to not contact their employer and it is documented that there is a good cause and reason, it will be taken into consideration by the Hearing Officer or the Committee. All claimants applying for loss of wage must provide a doctor’s release back to work, or a comparable form of release back to work such as FMLA or short-term disability paperwork.

004.02A Loss of Earning Power – If the claim is for loss of earning power for the victim, the following information is required: earning information from the victim’s employer and income tax returns for the previous two years; written relevant medical information from the medical providers regarding the diagnosis, prognosis, and degree of disability; the amount of time the victim will be unable to work; and any other information determined to be relevant by the Hearing Officer or Committe.

004.02B Loss of Earning Power Calculations – The Hearing office or Committee will consult Nebraska Workers’ Compensation statues in determining calculation for Loss of Earning Power, including, but not limited to §48-121 defining total, partial, and temporary disability; injury to specific parts of the body; amounts and duration of payments.

004.02C Maintenance of the Victim – If the claimant is requesting funds for the maintenance of the victim, the claimant must submit a copy of the doctor’s written statement requiring such services; the reason(s) the victim requires such services; and the dates such services are required.

004.03 – Funeral and Burial – Claimants of funeral and burial expenses will submit itemized statements and/or funeral home and/or cemetery contracts related to the funeral and/or burial expenses.

005 Request for Information – The Committee or Hearing Officer may, at any time, request an applicant to furnish such required information as listed in this chapter or any additional information which they determine to be relevant.

006 Law Enforcement Reports – Any request of a law enforcement agency pursuant to Neb.Rev.Stat. §81-1810 (3) shall be made in writing and shall specify the information desired, the name of the victim, the approximate date and time of the occurrence, and any other information which may assist in identifying the incident. All law enforcement agencies receiving a request shall respond in writing within 20 working days.

007 Supplemental Claims – If additional expenses, as defined in Chapter 3, directly related to the crime are anticipated to be incurred by the applicant, or an expense is accidentally overlooked by the claimant or the Committee, or a billing error has been made by the provider and/or insurance, the Committee or Hearing Officer may allow the claim to remain open until funds of the claim are exhausted. Additional expenses will be processed as supplemental claim(s).

History

• Effective 2024-11-10

Chapter 3 Compensation

Neb. Admin. Code tit. 80, ch. 3 Compensation {#sec-80-nac-3 omnilex-key=us-ne-regs-official--title-80--80 NAC 3}

001 Purpose – To outline and define compensable expenses, limitations, reductions in award amount, payment parameters, and denial of award pertaining to the Crime Victim’s Reparations program.

002 Compensable Damages – The Committee or Hearing Officer may order the payment of compensation for the following, as defined:

002.01 – “Expenses actually and reasonably incurred” means medical, mental health counselor, hospital, pharmaceutical, and funeral and burial expenses for the victim as limited in Chapter 3, subsection 003 of Title 80.

002.02 – “Loss of earning power” refers only to cases wherein total or partial disability of the victim is involved as limited in Chapter 3, subsection 003 of Title 80.

002.03 – “Pecuniary loss” means loss of support to a surviving dependent or dependents or expenses related to the crime actually and reasonably incurred by the victim or claimant for which the victim’s dependents are legally responsible as limited in Chapter 3, subsection 003 of Title 80.

002.04 – “Any other loss” is restricted to residential crime scene cleanup and loss of wages by a surviving victim or claimant medically required to provide for the maintenance of the victim as limited in Chapter 3, subsection 003 of Title 80, or any other loss which the Committee or Hearing Officer determines to be reasonable. An actual loss of wages from gainful employment must occur to be eligible for loss of wages compensation as limited in Chapter 3, subsection 003 of Title 80.

003 Award of Compensation – Compensation, if allowed, will be awarded pursuant to the following limitations:

003.01 – Any award for medical, mental health counseling, hospital, medical equipment, or pharmaceutical expenses actually and reasonably incurred will be limited to actual costs for necessary services rendered by a licensed medical, mental health, hospital, pharmaceutical facility, or individual as related to the incident which caused the injury or death of the victim. No private room rates are allowed. Compensation for mental health counseling will not be awarded in excess of the amount provided in the Annual Rate Schedule as set by the Committee.

003.02 – Any awards for loss of earning power will be limited to cases where total or partial disability is proven and where proof of actual and reasonable rehabilitative services is presented.

003.03 – A pecuniary loss award to a surviving dependent shall be considered as one application and in no event shall any award exceed the maximum stated in the Act and Title 80.

003.04 – Lost wages will be paid only to a victim, or to a claimant who is responsible for the maintenance of the victim, who is employed at the time of the incident. In addition, lost wages will only be paid for the period the victim or claimant is unable to work due to the victim’s injuries as a direct result of the incident. Time unable to work due to the victim’s injuries will be determined by a doctor’s release as certified by a licensed medical provider. No such award shall exceed the average weekly wage for all persons covered by the Nebraska Workers’ Compensation Act. Short- and Long-Term Disability payments, Paid FMLA, and/or unemployment payments will be subtracted from final calculations of lost wages, and the difference shall be considered.

003.05 – Any claim containing a combination of two or more compensable damages listed herein will not be awarded in excess of the limitation contained in Neb.Rev.Stat. §81-1823.

003.06 – In the case of death of the victim, funeral and burial expenses incurred by an eligible applicant will not be awarded in excess of the amount provided in the Annual Rate Schedule as set by the Committee. Alcohol expensesare not reimbursable.

003.07 – Compensation for mental health counseling will be considered on a case- by- case basis for minor children as secondary victims of compensable crimes. Claims for compensation for mental health counseling for the victim’s minor children must be received by the Crime Victim’s Reparations program in accordance with Nebraska Revised Statute §80-1821 regarding timelines for CVR application for minor individuals.

003.08 – Reasonable expenses incurred for the cleaning of a residential crime scene will not be awarded in excess of the amount provided in the Annual Rate Schedule as set by the Committee. .

003.09 – Direct Medical Provider Compensation will not be awarded in excess of the Annual Rate Schedule set by the Committee. Acceptance of payment for medical expenses from the Committee shall be considered acceptance of payment in full and bars any legal action against the victim for collection.

003.09A – Medical providers directly applying to CVR are required to inform victims that additional expenses directly related to the incident such as loss of wage, dental expenses, prescription expenses, mental health expenses, and any other additional medical expenses shall be considered by the CVR Program and medical providers are obligated to provide CVR contact information to the victim and/or claimant.

003.09B – The only compensable crimes to be eligible for direct medical reimbursement are sexual assault, domestic assault, sex trafficking, or child abuse per Nebraska Revised Statute §81-1807.

003.10 – If sufficient funds are not available, the Committee or Hearing Officer may order a partial payment on a claim. If funds do not become available within two years, the Committee or Hearing Officer may defer payment on the remainder of the claim and close the file without prejudice. The Committee or Hearing Officer, in determining the amount of compensation payable on an eligible claim, may consider the following factors in determining the amount and date of payment:

003.10A – Rate and amount of compensation payable for injuries and death under other laws of this state and of the United States;

003.10B – The availability of funds appropriated for the purpose of the Act.

004 Reduction of Award and Exceptions – Any award will be reduced by the amounts of any payments received or to be received from any contract of insurance or any other source of compensation except life insurance proceeds or social security payments. Compensation awards will not be used to pay for any service if the service is covered under any federal program or federally financed state or local program. The Crime Victim’s Reparations program is the payor of last resort.

005 Payment of Compensation – All awards made pursuant to Chapter 3, subsection 003.01 of Title 80 will be to the provider who rendered services unless the Committee or Hearing Officer directs otherwise. All other awards, whether in lump sum or in installment, will be made to the order of the eligible applicant or the estate of a deceased victim.

006 Denial of Award – In addition to grounds for denial of an award contained in the Act, an award may be denied (1) when the eligible applicant has failed to cooperate with criminal justice agencies in the investigation and prosecution of the crime giving rise to the injuries of the victim; (2) when the eligible applicant has failed to cooperate with the Committee, Hearing Officer, or staff in its investigation of the claim filed for compensation; or (3) when the victim violated a criminal law of the state, which violation caused or contributed to his or her injuries or death. No compensation will be awarded if the claim is not submitted to the Committee within two years of the date of the incident or the incident is not reported to law enforcement within five days. No compensation will be awarded if the victim was a passenger in a motorized vehicle that knew or reasonably should have known that the driver was operating the vehicle while under the influence of alcohol or illegal drugs.

006.01— Exception to Application Submission Deadline Requirements – The Committee or Hearing Officer may consider applications submitted beyond the deadline established of two-years from date of or discovery of the incident if the Committee finds that good cause existed for missing such deadline. (Nebraska Revised Statute §81-1821)

006.02 – Exception for Minor Victims – For a victim who was under nineteen years of age at the time of death, application will be submitted within three years after the date of death and for the victim who was under nineteen years of age at the time of the personal injury, on or before the victim’s twenty-second birthday. (Nebraska Revised Statute §81-1821)

006.03 – Exceptions for Minor Victims, Reporting Guidelines – In cases when a minor child who was a victim of a physical or sexual assault and did not report such incident to an adult, at which time the minor child reports an incident or incidents to an adult, the reporting requirements become effective.

006.04 – Exceptions for Sexual Assault, Domestic Violence, Child Abuse, Sex Trafficking – Applications submitted by or for a victim of sexual assault, domestic violence, child abuse, or sex trafficking is not subject to the five-day reporting requirement if the claimant and/or victim has reported such crime to the police, obtained a protection order related to such incident or offence, or presented for a forensic medical exam. (Nebraska Revised Statute §81-1821)

007 – Claims in Excess of Limitation (Nebraska Revised Statutes §81-1813 and 81-1823 ) – No award based upon a claim filed by any one applicant arising out of any single incident can exceed the maximum amount set forth in the Act, unless expenses for job retraining or similar employment related rehabilitative services for the victim are deemed necessary by a certified physician. In cases of job retraining or similar related rehabilitative services for the victim, the award shall not exceed $5,000.00 and shall be used only for such purposes.

008 – When an eligible claim exceeds the maximum amount allowable under the Act and an award of the maximum amount allowable under the Act is ordered by the Committee or Hearing Officer, the Committee or Hearing Officer will give priority to lost wages and out-of-pocket expenses and will reduce all other compensable damages on a pro-rata basis.

History

• Effective 2024-11-10

Chapter 4 Hearing Officer and Committee Procedure

Neb. Admin. Code tit. 80, ch. 4 Hearing Officer and Committee Procedure {#sec-80-nac-4 omnilex-key=us-ne-regs-official--title-80--80 NAC 4}

CHAPTER 4 HEARING OFFICER AND COMMITTEE PROCEDURE

001 Purpose To outline procedures pertaining to the Hearing Officer and the Crime Victim's Reparations Committee and their respective decision making processes.

002 Hearing Officer All claims for compensation will be considered and ruled upon by the designated Hearing Officer as specified in Neb.Rev.Stat. §81-1806.

002.01 The claim file will be given to the Hearing Officer to review regarding the claim for compensation.

002.02 The Hearing Officer will consider the entire claim file when determining an award.

002.03 The Hearing Officer may award compensation when the claimant is determined to be eligible for compensation, subject to the availability of funds.

002.04 The Hearing Officer will forward to the claimant a written decision regarding the ruling on the claim for compensation.

003 Request for Hearing The claimant may accept the decision of the Hearing Officer or request a he claim was denied or substantially reduced without just cause.

003.01 The notice for request of a Hearing must be given within seven days of receipt of receipt of the Hearing Officer's decision letter

003.02 The written request for a Hearing must be received within 30 days of notice of request for Hearing.

004 Committee The Committee will conduct any Hearing requested by an applicant pursuant to Chapter 5.

005 Meeting Date The Committee will have no fixed meeting date but is subject to call by the Chairperson of the Committee, by a quorum, or by the Executive Director of the Commission.

006 Quorum A majority of the Committee will constitute a quorum for the transaction of business.

007 Meetings All meetings of the Committee will be conducted pursuant to the Act and the Open Meetings Act.

History

• Effective 2019-12-07

Chapter 5 Hearings

Neb. Admin. Code tit. 80, ch. 5 Hearings {#sec-80-nac-5 omnilex-key=us-ne-regs-official--title-80--80 NAC 5}

001 Purpose To establish a formal Hearing process when a claimant has requested a Hearing before the Committee.

001.01 Crime Victim's Reparations program staff will establish the date, time and place of the Hearing after consultation with the members of the Crime Victim's Reparations Committee and notify, in writing, the Committee members and claimants requesting the Hearing of the date, time and place of the Hearing. Notification of Committee members and claimants must be made at least 20 working days prior to the Hearing.

001.02 If the claimant cannot attend the Hearing, Crime Victim's Reparations staff must be notified at least five working days prior to the Hearing. Claimant notification may be made by telephone, but is to be followed by written notification which is signed by the claimant.

001.03 Missed Scheduled Hearings The Committee may reschedule the Hearing for an appeal of a denied claim for compensation when the claimant fails to appear or notifies the Committee of an intended absence for a scheduled Hearing. If the claimant fails to appear at the second scheduled Hearing and has not notified the Committee prior to the Hearing, the Committee may deny the appeal and the decision of the Committee will be final.

001.04 Recording Minutes will be taken of all Committee meetings with a record of all votes maintained. The proceedings of all Hearings by the Committee will be recorded and will be transcribed only after the Committee receives notice of appeal in District Court.

001.05 All proceedings must be conducted in accordance with the Administrative Procedure Act, Neb.Rev.Stat. §84-901 et seq. and with Title 53 of the Nebraska Administrative Code, Chapter 4, as they relate to pleadings, notice, ex parte communications, prehearing conferences, discovery and the progression of the actual contested case at hearing.

002 Evidence The Committee or its Hearing Officer will not be bound by common law or statutory rules of evidence or by any technical or formal rules of procedure other than provided in these rules and regulations, unless the formal rules of evidence are requested by the claimant pursuant to the Administrative Procedure Act.

002.01 The Committee or will review the Hearing Officer's Findings and claimant's CVR file in making its determination.

002.02 The Committee may receive any statement, document, or information necessary to afford the parties a fair Hearing, including, but not limited to:

002.02A Hospital records or reports, physicians' reports, and mental health presence of the attending physicians or mental health counselors at the hearing;

002.02B Police Reports;

002.02C Records of medical payments by third parties or any other payments to or on behalf of the eligible applicant; and

002.02D Statements of witnesses.

003 Committee Decision The Committee The Committee will grant the claimant's request, in whole or in part,when the claimant has demonstrated by a preponderance of the evidence that the claimant or applicant is eligible to receive compensation as specified by Title 80 and the Act conditioned upon the availability of funds.

003.01 In order to grant the claimant's request, a majority of the Committee's quorum must vote in favor of the request.

003.02 The vote will be made based upon a motion made during the open hearing.

003.03 The Committee's decision will be made in writing and will indicate its findings and the bases that support it.

004 The claimant will be notified, in writing, of the decision of the Crime Victim's Reparations Committee within ten working days from the date of the Hearing. Such notification will be made via certified mail with a signed return receipt from the claimant being requested. Notification will include the decision of the Committee; if the claim is awarded, the amount of the award and the amount to each eligible service provider will be stated. If the Committee denies the request, the reason for the denial will be stated.

005 Appeals must be filed in accordance with the Administrative Procedure Act and Title 53 of the Nebraska Administrative Code, Chapter 4. A petition for appeal must be filed in the district court of the county where the action is taken within 30 days after receipt of the final decision by the Committee.

History

• Effective 2019-12-07