VIOLENT CRIMES COMPENSATION BOARD
Statutory Authority: 11 Delaware Code,Section 9004(4) (11 Del.C. 9004(4))
Violent Crimes Compensation Board; Rules XXVI, XXVIII, XXIX, XXX
The Violent Crimes Compensation Board proposes the following changes in its rules and regulations. A public hearing has be scheduled, on the proposed changes, for Tuesday, November 24, 1998 from 7:00 P.M. to 9:00 P.M. at the Del Tech Terry Campus. Written comment should be received at the office of the Violent Crimes Compensation Board no later than Wednesday, November 18, 1998.
1. REMOVE THE FOLLOWING RULE FROM THE VCCB RULES & REGULATIONS.
RULE XXVI - MENTAL SUFFERING AWARD
Maximum award for mental suffering is set at $2,500.00. Clarification of this motion is that over the past two years there has been a substantial increase in claims. The Board feels it is necessary to cap mental suffering awards at $2,500.00 to insure an equitable distribution of funds for all victims, and to initiate a uniformity and consistency in awarding mental suffering claims with emphasis on counseling and rehabilitation.
This rule shall apply to crimes that occurred before February 11, 1992. Revised October 17, 1991.
JUSTIFICATION: THIS RULE IS OFFICIALLY REMOVED FROM THE VCCB RULES &
REGULATIONS, AS MENTAL SUFFERING AWARDS ARE PROHIBITED BY STATUTE EFFECTIVE 02/11/92.
2. REMOVE THE FOLLOWING RULE FROM THE VCCB RULES & REGULATIONS.
RULE XXVIII - MENTAL HEALTH COUNSELING AWARD
(A) In the event of a claim for costs associated with mental health counseling, the Board may, following initial review of the case, award counseling not to exceed three (3) months in duration and a total cost of $1,250.00.
(B) In the event that additional counseling will be required beyond the period provided for in Section (A), the claimant must submit a request to the Board prior to the expiration of the initial award. Failure to submit such request in a timely fashion may, at the Board's discretion, result in the denial of such request and refusal to make payment for treatment in excess of the initial award. Any request for a mental health counseling award shall be accompanied by an evaluation and treatment plan including, but not limited to:
(1) A determination that the need for counseling resulted directly from the crime in question rather than a previously existing condition; and
(2) A statement or certification that the treatment will address only crime-related injuries.
(C) The Board, at its discretion, may require production of any documents it deems necessary to its determination of a request for a mental health counseling award.
JUSTIFICATION: THIS RULE IS OFFICIALLY REMOVED FROM THE VCCB RULES & REGULATIONS, AS THE VCCB COMMISSIONERS MOVED TO MODIFY MENTAL HEALTH COUNSELING PROCEDURES ON 08/01/96.
3. AMEND THE FOLLOWING RULE IN THE VCCB RULES & REGULATIONS.
RULE XXIX - MENTAL HEALTH PRACTITIONER QUALIFICATIONS/LICENSURE
To be eligible for crime victim's compensation for mental health counseling treatment, within and without the State of Delaware, treatment must be provided by a practitioner possessing an advanced degree in an applied mental health discipline a practitioner possessing an advanced degree in an applied mental health discipline must provide treatment. The advanced degree should be in Psychiatry, Psychology, Social Work, Counseling, or Psychiatric Nursing.
To be eligible for crime victim's compensation for mental health counseling treatment in the State of Delaware, services must be provided by a licensed mental health practitioner. The five disciplines recognized by the Violent Crimes Compensation Board for payment of mental health counseling benefits are: Licensed Psychiatrist, Licensed Psychologist, Licensed Clinical Social Worker, Licensed Mental Health Counselor, and Licensed Clinical Nurse Specialist.
To be eligible for crime victim’s compensation for adult psychological assessments, within and without the State of Delaware, a licensed psychologist or a licensed psychiatrist must perform the assessment unless waived by the Board.
To be eligible for crime victim’s compensation for child psychological assessments, within and without the State of Delaware, a licensed child psychologist or a licensed child psychiatrist must perform the assessment unless waived by the Board.
To be eligible for crime victim’s compensation for mental health counseling treatment in the State of Delaware, a licensed mental health practitioner must provide services. The five disciplines recognized by the Violent Crimes Compensation Board for payment of mental health counseling benefits is: Licensed Psychiatrist, Licensed Psychologist, Licensed Clinical Social Worker, Licensed Mental Health Counselor, and Licensed Clinical Nurse Specialist.
Payment for mental health treatment received outside the State of Delaware will be evaluated for practitioner's licensure on a case-by-case basis by the Violent Crimes Compensation Board.
The Violent Crimes Compensation Board may consider payment for services rendered by an unlicensed provider if the provider is practicing under the direct supervision of a licensed practitioner in one of the disciplines recognized by the Violent Crimes Compensation Board, as set forth in paragraph two, sentence two. Claims for payment of services rendered by an unlicensed practitioner will be decided on a case-by-case basis by the Violent Crimes Compensation Board.
The Violent Crimes Compensation Board may consider payment for mental health counseling services rendered by an unlicensed provider if the provider is practicing under the direct supervision of a licensed practitioner in one of the disciplines recognized by the Violent Crimes Compensation Board, as set forth in paragraph one, sentence two. The Violent Crimes Compensation Board will decide claims for payment of services rendered by an unlicensed practitioner on a case-by-case basis.
JUSTIFICATION: THE AMENDMENTS TO RULE XXIX CLARIFY THE TYPES OF MENTAL HEALTH PROVIDERS THAT MAY PERFORM PSYCHOLOGICAL ASSESSMENTS ON ADULT AND CHILD VICTIMS.
4. ADD THE FOLLOWING RULE IN THE VCCB RULES & REGULATIONS.
VCCB Rule XXX. Child Victim Counseling & Assessment Program (CCAP) Provisions
For the purposes of section 9020(c), up to $1,200.00 may be paid from the victim’s compensation fund on behalf of each child victim of crime for reasonable costs incurred for psychological assessments and short-term counseling.
JUSTIFICATION: THIS NEW RULE FULFILLS THE REQUIREMENTS OF SENATE BILL 417, SIGNED BY GOVERNOR THOMAS R. CARPER ON JULY 17, 1998. THE LAW REQUIRES THE VCCB TO DETERMINE A MAXIMUM AMOUNT TO BE PAID FOR PSYCHOLOGICAL ASSESSMENTS AND/OR SHORT-TERM COUNSELING (11 Del. C. 90, section 9020(c). "...the Board shall only provide compensation sufficient to total the maximum amount provided for in the Board's rules and regulations."