Learn about the safe, effective COVID-19 vaccines and find where to get vaccinated at vaccine.ky.gov .

Title 802 | Chapter 003 | Regulation 010


802 KAR 3:010.Crime victims compensation.

Section 1.

Definition. "Board" means the Crime Victims Compensation Board.

Section 2.

Filing Claims.

(1)

A claim shall be:

(a)

Legibly written, typed, or printed on the Crime Victim Compensation Form;

(b)

Signed by the claimant and the counsel representing the claimant, if any.

(2)

A claim shall be filed:

(a)

In person or by private delivery to the Crime Victims Compensation Board, 500 Mero Street, 2 SC1, Frankfort, Kentucky 40601;

(b)

By mail to the address listed above; or

(c)

By electronic mail to crimevictims@ky.gov, if the document can be sent in one (1) electronic message.

(3)

If applying for lost wages or loss of support, a claim shall be supplemented by:

(a)

A notarized Employment Verification form; and

(b)

If requested by board staff:

1.

A Physician Statement form; or

2.

A Mental Health Counselor's Report form.

Section 3.

Kentucky Medical Assistance Program.

(1)

The board shall cross-reference every claim with those claims that appear in the Kentucky Medical Assistance Program (KMAP) database maintained by the Cabinet for Health and Family Services.

(2)

If a crime victim is covered by Medicare or Medicaid, the board's staff will provide the board a list of:

(a)

All itemized medical charges for which the victim seeks compensation; and

(b)

The victim's services covered by medical assistance as reported in KMAP.

(3)

Upon making an award to a Medicaid-eligible crime victim, the board shall not consider any medical bills submitted by or on behalf of the victim for any KMAP-covered services.

(4)

If the board makes an award to a victim who received medical assistance for a KMAP-covered service, the KMAP as final payor shall not be responsible for the payment of any portion of the claim awarded by the board.

Section 4.

Attorney's Fees. If a claimant is represented by an attorney and the attorney so requests, the board, may, as a part of any award or by separate order subsequent to the award, allow a reasonable attorney's fee for the filing of a claim and any subsequent proceedings. The fee shall not exceed fifteen (15) percent of the amount of the award, and shall be paid out of the award and not in addition to the award. An attorney, representing a claimant, shall not contract for or receive as a fee any sum larger than fifteen (15) percent of the amount of the award. Any fee contract in violation of this provision shall be void.

Section 5.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"Crime Victim Compensation Form", August 2020;

(b)

"Employment Verification", August 2020;

(c)

"Physician Statement", August 2020; and

(d)

"Mental Health Counselor's Report", August 2020.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Claims and Appeals, 500 Mero St 2SC1, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://cvcb.ky.gov/Pages/default.aspx.

HISTORY: (44 Ky.R. 2166, 2328; eff. 6-1-2018; TAm eff. 11-22-2019; 47 Ky.R. 801, 1386; eff. 4-6-2021.)

7-Year Expiration: 4/6/2028

Last Action: 12/15/2021


Page Generated: 2/15/2022, 12:12:13 PM