8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to the Utah Office for Victims of Crime and the
11 Crime Victim Reparations and Assistance Board.
12 Highlighted Provisions:
13 This bill:
14 ▸ creates and modifies definitions;
15 ▸ modifies the circumstances under which an individual is ineligible to receive a
16 reparations award from the Utah Office for Victims of Crime;
17 ▸ clarifies provisions relating to the total amount the Utah Office for Victims of
18 Crime may provide to a victim as a reparations award;
19 ▸ modifies provisions relating to assignment of claims and reimbursements for
20 criminally injurious conduct made to the Utah Office for Victims of Crime;
21 ▸ prohibits a medical service provider from seeking collection from a victim before a
22 reparations award is determined by the Utah Office for Victims of Crime;
23 ▸ tolls the statute of limitations for an action by a medical service provider while the
24 Utah Office for Victims of Crime determines issuance of a reparations award; and
25 ▸ makes technical and conforming changes.
26 Money Appropriated in this Bill:
28 Other Special Clauses:
30 Utah Code Sections Affected:
32 63M-7-502, as last amended by Laws of Utah 2019, Chapter 297
33 63M-7-503, as last amended by Laws of Utah 2015, Chapter 147
34 63M-7-505, as last amended by Laws of Utah 2011, Chapter 131
35 63M-7-506, as last amended by Laws of Utah 2011, Chapter 131
36 63M-7-507, as last amended by Laws of Utah 2011, Chapter 131
37 63M-7-508, as last amended by Laws of Utah 2011, Chapter 131
38 63M-7-509, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
39 amended by Laws of Utah 2008, Chapter 382
40 63M-7-510, as last amended by Laws of Utah 2013, Chapter 118
41 63M-7-511, as last amended by Laws of Utah 2011, Chapter 342
42 63M-7-511.5, as enacted by Laws of Utah 2008, Chapter 339
43 63M-7-512, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
44 amended by Laws of Utah 2008, Chapter 382
45 63M-7-513, as renumbered and amended by Laws of Utah 2008, Chapter 382
46 63M-7-514, as last amended by Laws of Utah 2011, Chapters 131 and 342
47 63M-7-515, as last amended by Laws of Utah 2011, Chapter 131
48 63M-7-516, as last amended by Laws of Utah 2011, Chapter 131
49 63M-7-517, as renumbered and amended by Laws of Utah 2008, Chapter 382
50 63M-7-518, as renumbered and amended by Laws of Utah 2008, Chapter 382
51 63M-7-519, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
52 amended by Laws of Utah 2008, Chapter 382
53 63M-7-521, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
54 amended by Laws of Utah 2008, Chapter 382
55 63M-7-521.5, as enacted by Laws of Utah 2008, Chapter 339
56 63M-7-522, as renumbered and amended by Laws of Utah 2008, Chapter 382
57 63M-7-523, as renumbered and amended by Laws of Utah 2008, Chapter 382
58 63M-7-524, as renumbered and amended by Laws of Utah 2008, Chapter 382
59 63M-7-525, as last amended by Laws of Utah 2011, Chapter 131
61 Be it enacted by the Legislature of the state of Utah:
62 Section 1. Section 63M-7-502 is amended to read:
63 63M-7-502. Definitions.
64 As used in this [
65 (1) "Accomplice" means [
66 as [
67 (2) "Board" means the Crime Victim Reparations and Assistance Board created under
68 Section 63M-7-504.
69 (3) "Bodily injury" means physical pain, illness, or any impairment of physical
76 this [
77 (a) a victim;
78 (b) a dependent of a deceased victim; or
80 (c) an individual or representative who files a reparations claim on behalf of a victim.
84 any source of benefits or advantages for economic loss otherwise reparable under this part
85 which the victim or claimant has received, or which is readily available to the victim from:
86 (a) the offender;
87 (b) the insurance of the offender or the victim;
88 (c) the United States government or any of its agencies, a state or any of its political
89 subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory
90 state-funded programs;
91 (d) social security, Medicare, and Medicaid;
92 (e) state-required temporary nonoccupational income replacement insurance or
93 disability income insurance;
94 (f) workers' compensation;
95 (g) wage continuation programs of any employer;
96 (h) proceeds of a contract of insurance payable to the victim for the loss the victim
97 sustained because of the criminally injurious conduct;
98 (i) a contract providing prepaid hospital and other health care services or benefits for
99 disability; or
100 (j) veteran's benefits, including veteran's hospitalization benefits.
107 declared means conduct that:
108 (i) is or would be subject to prosecution in this state under Section 76-1-201;
109 (ii) occurs or is attempted;
110 (iii) causes, or poses a substantial threat of causing, bodily injury or death;
111 (iv) is punishable by fine, imprisonment, or death if the [
112 the conduct possessed the capacity to commit the conduct; and
113 (v) does not arise out of the ownership, maintenance, or use of a motor vehicle,
114 aircraft, or water craft, unless the conduct is intended to cause bodily injury or death, or is
115 conduct which is or would be punishable under Title 76, Chapter 5, Offenses Against the
116 Person, or as any offense chargeable as driving under the influence of alcohol or drugs.
117 (b) "Criminally injurious conduct" includes an act of terrorism, as defined in 18 U.S.C.
118 Sec. 2331 committed outside of the United States against a resident of this state. "Terrorism"
119 does not include an "act of war" as defined in 18 U.S.C. Sec. 2331.
120 (c) "Criminally injurious conduct" includes a felony violation of Section 76-7-101 and
121 other conduct leading to the psychological injury of [
122 living in a setting that involves a bigamous relationship.
124 partially legally responsible for care or support and includes a child of the victim born after the
125 victim's death.
127 contributions of things of economic value to the victim's dependent, not including services the
128 dependent would have received from the victim if the victim had not suffered the fatal injury,
129 less expenses of the dependent avoided by reason of victim's death.
131 necessarily incurred by the dependent after the victim's death in obtaining services in lieu of
132 those the decedent would have performed for the victim's benefit if the victim had not suffered
133 the fatal injury, less expenses of the dependent avoided by reason of the victim's death and not
134 subtracted in calculating the dependent's economic loss.
138 punishment to be imposed upon [
139 (a) convicted of a crime;
140 (b) found delinquent; or
141 (c) against whom a finding of sufficient facts for conviction or finding of delinquency
142 is made.
144 allowable expense, work loss, replacement services loss, and if injury causes death, dependent's
145 economic loss and dependent's replacement service loss. [
147 (b) "Economic loss" includes economic detriment [
148 pain and suffering or physical impairment.
149 (c) "Economic loss" does not include noneconomic detriment.
151 who is a victim.
153 misrepresentation of fact and intended to deceive the reparations staff for the purpose of
154 obtaining reparation funds for which the claimant is not eligible [
159 Section 53-13-103.
161 document criminally injurious conduct but does not include mental health evaluations for the
162 prosecution and investigation of a crime.
164 necessitated as a result of criminally injurious conduct[
166 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
168 by the victim which was attributable to the injury or death of the victim as provided by rules
170 Administrative Rulemaking Act.
172 impairment, and other nonpecuniary damage, except as provided in this [
174 except as otherwise provided in this [
179 (25) "Office" means the director, the reparations and assistance officers, and any other
180 staff employed for the purpose of carrying out the provisions of this part.
182 criminally injurious conduct.
183 (27) "Reparations award" means money or other benefits provided to a claimant or to
184 another on behalf of a claimant after the day on which a reparations claim is approved by the
186 (28) "Reparations claim" means a claimant's request or application made to the office
187 for a reparations award.
189 to investigate claims of victims and award reparations under this [
190 the director when the director is acting as a reparations officer.
192 incurred in obtaining ordinary and necessary services in lieu of those the injured [
193 individual would have performed, not for income but the benefit of the injured [
194 individual or the injured [
195 had not been injured.
197 guardian, attorney, conservator, executor, or an heir of [
198 include a service [
200 offender to pay or render to a victim of the offender's conduct.
202 affected by the criminally injurious conduct subject to rules [
205 service to crime victims for a monetary fee except attorneys as provided in Section 63M-7-524.
206 (35) "Serious bodily injury" means the same as that term is defined in Section
208 (36) "Substantial bodily injury" means the same as that term is defined in Section
214 psychological injury or death as a direct result of criminally injurious conduct or of the
215 production of pornography in violation of Section 76-5b-201 if the [
217 (b) "Victim" does not include [
218 the judicial proceedings against an offender unless otherwise provided by statute or rule made
219 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
220 (c) "Victim" includes a resident of this state who is injured or killed by an act of
221 terrorism, as defined in 18 U.S.C. Sec. 2331, committed outside of the United States.
223 have performed if the injured victim had not been injured and expenses reasonably incurred by
224 the injured victim in obtaining services in lieu of those the injured victim would have
225 performed for income, reduced by any income from substitute work the injured victim was
226 capable of performing but unreasonably failed to undertake.
227 Section 2. Section 63M-7-503 is amended to read:
228 63M-7-503. Restitution -- Reparations not to supplant restitution -- Assignment
229 of claim for restitution judgment to Reparations Office.
230 (1) A reparations award may not supplant restitution as established under Title 77,
231 Chapter 38a, Crime Victims Restitution Act, or as established by any other provisions.
232 (2) The court may not reduce an order of restitution based on a reparations award.
233 (3) (a) (i) If, due to reparation payments to a victim, the [
235 restitution or a portion of the restitution, the office may file with the sentencing court a notice
236 of restitution listing the amounts or estimated future amounts of payments made or anticipated
237 to be made to or on behalf of the victim.
238 (ii) The [
239 the victim or victim's representative [
242 (iii) The office's failure to provide notice under Subsection (3)(a) does not invalidate
243 the imposition of the judgment or order of restitution [
244 opportunity to object and be heard as provided in this [
245 (b) (i) Any objection by the defendant to the imposition or amount of restitution shall
246 be made at the time of sentencing or in writing within 20 days [
247 the day on which the defendant receives the notice described in Subsection (3)(a), to be filed
248 with the court and a copy mailed to the [
249 (ii) Upon the filing of the objection, the court shall allow the defendant a full hearing
250 on the issue [
251 (iii) The amount of restitution sought by the office may be updated at any time, subject
252 to the right of the defendant to object.
253 (4) If no objection is made or filed by the defendant under Subsection (3), then upon
254 conviction and sentencing, the court shall enter a judgment for complete restitution [
256 assignee of the assigned portion of the judgment and order of restitution.
257 (5) If the notice of restitution is filed after sentencing but during the term of probation
258 or parole, the court or Board of Pardons shall modify any existing civil judgment and order of
259 restitution to include expenses paid by the office on behalf of the victim and identify the office
260 as the assignee of the assigned portion of the judgment and order of restitution. If no judgment
261 or order of restitution has been entered, the court shall enter a judgment for complete restitution
262 and court-ordered restitution [
264 Section 3. Section 63M-7-505 is amended to read:
265 63M-7-505. Board and office within Commission on Criminal and Juvenile
267 (1) The [
269 Justice for the provision by the commission of administrative and support services.
270 (2) The board or the director may request assistance from the Commission on Criminal
271 and Juvenile Justice, the Department of Public Safety, and other state agencies in conducting
272 research or monitoring victims' programs.
273 Section 4. Section 63M-7-506 is amended to read:
274 63M-7-506. Functions of board.
275 (1) The [
276 (a) adopt a description of the [
277 of the board;
278 (b) prescribe policy for the [
279 (c) adopt rules to implement and administer this [
280 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which may
281 include setting of ceilings on reparations, defining of terms not specifically stated in this
283 (d) prescribe forms for applications for reparations;
284 (e) review all reparations awards made by the reparations staff, although the board may
285 not reverse or modify reparations awards authorized by the reparations staff;
286 (f) render an annual report to the governor and the Legislature regarding the staff's and
287 the board's activities;
288 (g) cooperate with the director and the director's staff in formulating standards for the
289 uniform application of Section 63M-7-509, taking into consideration the rates and amounts of
290 reparation payable for injuries and death under other laws of this state and the United States;
291 (h) allocate money available in the [
292 criminally injurious conduct for reparations claims;
293 (i) allocate money available to other victim services as provided by administrative rule
294 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, once a
295 sufficient reserve has been established for reparation claims; and
296 (j) approve the allocation and disbursement of funds made available to the office by the
297 United States, the state, foundations, corporations, or other entities or individuals to
298 subgrantees from private, non-profit, and governmental entities operating qualified statewide
299 assistance programs.
300 (2) All rules, or other statements of policy, along with application forms specified by
301 the board, are binding upon the director, the reparations officers, assistance officers, and other
303 Section 5. Section 63M-7-507 is amended to read:
304 63M-7-507. Director -- Appointment and functions.
305 (1) The executive director of the Commission on Criminal and Juvenile Justice, after
306 consulting with the board, shall appoint a director to carry out the provisions of this [
308 (2) The director shall:
309 (a) be an experienced administrator with a background in at least one of the following
311 (i) social work[
312 (ii) psychology[
313 (iii) criminal justice[
314 (iv) law[
315 (v) another field related to the fields described in Subsections (2)(a)(i) through (iv);
316 (b) demonstrate an understanding of the needs of crime victims and of services to
318 (c) devote the director's time and capacity to the director's duties. [
319 (3) In addition to the requirements under Subsection (2), the director shall:
322 reparations claim;
324 reparations officers;
326 acted as a reparations officer on the initial reparations claim;
328 the board;
331 by the staff of the board, to be paid out of appropriations from the fund;
333 the funds in the [
334 and the proceeds and income collected;
336 in conformance with policies adopted by the board, all grant funds made available by the
337 United States, the state, foundations, corporations, and other businesses, agencies, or
342 board to successfully fulfill [
343 Section 6. Section 63M-7-508 is amended to read:
344 63M-7-508. Reparations officers.
345 The reparations officers shall in addition to any assignments made by the director [
347 (1) hear and determine all matters relating to [
348 reinvestigate or reopen [
349 periods of prescription;
350 (2) obtain from prosecuting attorneys, law enforcement officers, and other criminal
351 justice agencies, investigations and data to enable the reparations officer to determine whether
352 and to what extent a claimant qualifies for reparations;
353 (3) as determined necessary by the reparations officers, hold hearings, administer oaths
354 or affirmations, examine any [
355 requiring the attendance and giving of testimony of witnesses, require the production of any
356 books, papers, documents, or other evidence which may contribute to the reparations officer's
357 ability to determine particular reparation awards;
358 (4) determine who is a victim or dependent;
359 (5) award reparations or other benefits determined to be due under this [
360 and the rules of the board made in accordance with Title 63G, Chapter 3, Utah Administrative
361 Rulemaking Act;
362 (6) take notice of judicially recognized facts and general, technical, and scientific facts
363 within [
364 (7) advise and assist the board in developing policies recognizing the rights, needs, and
365 interests of crime victims;
366 (8) render periodic reports as requested by the board concerning:
367 (a) the reparations officers' activities; and
368 (b) the manner in which the rights, needs, and interests of crime victims are being
369 addressed by the state's criminal justice system;
370 (9) establish priorities for assisting elderly victims of crime or those victims facing
371 extraordinary hardships;
372 (10) cooperate with the State Commission on Criminal and Juvenile Justice to develop
373 information regarding crime victims' problems and programs; and
374 (11) assist the director in publicizing the provisions of the [
376 enforcement agencies, health providers, and other related officials to take reasonable care to
377 ensure that victims are informed about the provisions of this [
378 for applying for reparation.
379 Section 7. Section 63M-7-509 is amended to read:
380 63M-7-509. Grounds for eligibility.
384 (a) the claimant is:
390 (ii) the victim is a Utah resident who suffers injury or death as a result of criminally
391 injurious conduct inflicted in a state, territory, or country [
392 victims' compensation program[
395 (c) the application is made in writing in a form that conforms substantially to that
396 prescribed by the board[
397 (d) the criminally injurious conduct [
398 in the law enforcement officer's capacity as a law enforcement officer, or [
399 federal or state investigative [
400 (e) the claimant or victim cooperates with the appropriate law enforcement agencies
401 and prosecuting attorneys in [
402 alleged offense[
405 (f) the criminally injurious conduct [
406 (2) A reparations award may be made to a victim regardless of whether any individual
407 is arrested, prosecuted, or convicted of the criminally injurious conduct giving rise to a
408 reparations claim.
409 Section 8. Section 63M-7-510 is amended to read:
410 63M-7-510. Ineligible individuals -- Fraudulent reparations claims -- Penalties.
411 (1) The following individuals are not eligible to receive [
413 (a) [
414 Section 63M-7-509;
415 (b) the offender;
416 (c) an accomplice of the offender;
417 (d) [
418 benefit the offender, accomplice, or [
419 participating in the offense;
420 (e) the victim of a motor vehicle injury who was the owner or operator of the motor
421 vehicle and was not at the time of the injury in compliance with the state motor vehicle
422 insurance laws;
423 (f) [
424 or residing in any other correctional facility;
425 (g) [
426 circumstances surrounding the offense of which [
427 victim is a violation of [
428 (h) [
429 conduct that occurred in a prison, jail, or [
431 (i) an individual who:
432 (i) submits a fraudulent claim; or
433 (ii) misrepresents a material fact in requesting a reparations award.
445 (2) (a) An individual may not knowingly:
446 (i) submit a fraudulent claim; or
447 (ii) misrepresent a material fact in requesting a reparations award.
448 (b) A violation of Subsection (2)(a) is:
449 (i) a class B misdemeanor if:
450 (A) the individual who violates Subsection (2)(a) does not receive a reparations award;
452 (B) the value of the reparations award received is less than $500;
453 (ii) a class A misdemeanor if the value of the reparations award received is or exceeds
454 $500 but is less than $1,500;
455 (iii) a third degree felony if the value of the reparations award received is or exceeds
456 $1,500 but is less than $5,000; and
457 (iv) a second degree felony if the value of the reparations award received is or exceeds
460 make arrangements with county [
461 under this section when the attorney general cannot conveniently prosecute.
465 (4) (a) A claimant who is not eligible to receive a reparations award under Subsection
466 (1) but receives a reparations award shall reimburse the fund for the amount of the reparations
468 (b) The office may bring a civil action against a victim who does not reimburse the
469 fund for the amount of the reparations award in accordance with Subsection (4)(a).
470 Section 9. Section 63M-7-511 is amended to read:
471 63M-7-511. Compensable losses and amounts.
472 A reparations award under this [
473 (1) the reparations officer finds the reparations claim satisfies the requirements for the
474 reparations award under the provisions of this [
475 (2) money is available in the fund;
476 (3) the [
477 otherwise eligible under this part; and
478 (4) the reparations claim is for an allowable expense incurred by the victim, as follows:
479 (a) reasonable and necessary charges incurred for products, services, and
481 (b) inpatient and outpatient medical treatment and physical therapy, subject to rules
483 Administrative Rulemaking Act;
484 (c) mental health counseling [
485 (i) is set forth in a mental health treatment plan [
486 is approved before any payment is made by a reparations officer; and
487 (ii) qualifies within any further rules [
488 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
489 (d) actual loss of past earnings and anticipated loss of future earnings because of a
490 death or disability resulting from the personal injury at a rate not to exceed 66-2/3% of the
492 state workers' compensation statute;
493 (e) care of minor children enabling a victim or spouse of a victim, but not both [
495 established by the board in accordance with Title 63G, Chapter 3, Utah Administrative
496 Rulemaking Act;
497 (f) funeral and burial expenses for death caused by the criminally injurious conduct,
498 subject to rules [
499 Chapter 3, Utah Administrative Rulemaking Act;
500 (g) loss of support to [
501 a pecuniary loss for personal injury, for as long as the dependence would have existed had the
502 victim survived, at a rate not to exceed 66-2/3% of the [
503 wages or the maximum amount allowed under the state workers' compensation statute,
504 whichever is less;
505 (h) personal property necessary and essential to the health or safety of the victim as
506 defined by rules [
507 Chapter 3, Utah Administrative Rulemaking Act; and
508 (i) medical examinations [
510 Administrative Rulemaking Act, which may allow for exemptions from Sections 63M-7-509,
511 63M-7-512, and 63M-7-513.
512 Section 10. Section 63M-7-511.5 is amended to read:
513 63M-7-511.5. Limitation of reparations awards.
514 (1) (a) Except as provided in Subsection (1)(b), [
515 not exceed $25,000 [
525 (b) Notwithstanding Subsection (1)(a), a reparations award for medical expenses
526 resulting from serious bodily injury or substantial bodily injury may not exceed $50,000.
527 (2) (a) A reparations award under Subsection (1) includes any reparations award for a
528 secondary victim.
529 (b) Unless otherwise requested by the claimant, the office shall pay a reparations award
530 for the victim before a reparations award for a secondary victim.
531 (c) [
532 multiple secondary victims on a single reparations claim [
534 Section 11. Section 63M-7-512 is amended to read:
535 63M-7-512. Reparations reduction.
536 (1) Reparations otherwise payable to a claimant may be reduced or denied as follows:
537 (a) the economic loss upon which the claim is based has been or could be recouped
538 from other persons, including collateral sources;
539 (b) the reparations officer considers the reparations claim unreasonable because of the
540 misconduct of the claimant [
541 (c) the victim did not use a facility or health care provider which would be covered by
542 a collateral source.
543 (2) When two or more dependents are entitled to [
544 a victim's death, the [
545 reparations award among the dependents.
546 Section 12. Section 63M-7-513 is amended to read:
547 63M-7-513. Collateral sources.
566 (1) (a) An order of restitution [
567 collateral source.
568 (b) Receipt of [
569 considered an assignment of the victim's rights to restitution from the offender.
571 or entity without the [
575 victim [
577 Subsection 63M-7-512(1)(a), a victim of a sexual offense who requests testing of [
578 victim's self may be reimbursed for the costs of the HIV test only as provided in Subsection
580 Section 13. Section 63M-7-514 is amended to read:
581 63M-7-514. Notification of claimant -- Suspension of proceedings.
582 (1) (a) The [
583 claimant in writing of [
584 certified copy of the reparations award and a warrant request for the amount of the reparations
586 (b) The Division of Finance shall pay the claimant the amount submitted to the
587 division, out of the fund.
588 (c) If money in the fund is temporarily depleted, the office shall place claimants
589 approved to receive [
591 which [
592 (2) The reparations officer may suspend the proceedings pending disposition of a
593 criminal prosecution that [
594 Section 14. Section 63M-7-515 is amended to read:
595 63M-7-515. Rules for contested reparations claims -- Exemption from
596 Administrative Procedures Act.
597 (1) Rules for procedures for contested determinations by a reparations officer shall be
598 adopted [
599 Rulemaking Act.
600 (2) The [
601 Administrative Procedures Act.
602 Section 15. Section 63M-7-516 is amended to read:
603 63M-7-516. Waiver of privilege.
604 (1) (a) A victim [
606 relevant to an issue of the physical, mental, or emotional conditions of the victim except for the
607 attorney-client privilege.
608 (b) The waiver [
609 officers, the director, the board, and legal counsel.
610 (2) [
611 psychological reports available relating to the injury or death for which compensation is
613 (3) (a) The reparations officer hearing a reparations claim or an appeal from a
614 reparations claim shall make available to the claimant a copy of the report.
615 (b) If the victim is deceased, the director or the director's appointee, on request, shall
616 furnish the claimant a copy of the report unless dissemination of that copy is prohibited by law.
617 Section 16. Section 63M-7-517 is amended to read:
618 63M-7-517. Additional testing.
619 (1) If the mental, physical, or emotional condition of a victim is material to a
620 reparations claim, the reparations officer, director, or chair of the board who hears the
621 reparations claim or the appeal may order the claimant to submit to a mental or physical
622 examination by a physician or psychologist and may recommend to the court to order an
623 autopsy of a deceased victim.
624 (2) [
625 cause shown and shall provide notice to the [
627 (3) All reports from additional examinations shall set out findings, including results of
628 all tests made, diagnoses, prognoses, other conclusions, and reports of earlier examinations of
629 the same conditions.
630 (4) A copy of the report shall be made available to the victim or the representative of
631 the victim unless dissemination of that copy is prohibited by law.
632 Section 17. Section 63M-7-518 is amended to read:
633 63M-7-518. Failure to comply.
634 If [
635 asserts a privilege, except privileges arising from the attorney-client relationship, to withhold
636 or suppress evidence relevant to a reparations claim, the director or reparations officer may
637 make any appropriate determination including denial of the reparations claim.
638 Section 18. Section 63M-7-519 is amended to read:
639 63M-7-519. Assignment of recovery -- Reimbursement.
640 (1) (a) By accepting [
641 (i) automatically assigns to the [
643 criminally injurious conduct in the reparations claim; and
644 (ii) is required to reimburse the office if the victim recovers any money relating to the
645 criminally injurious conduct.
646 (b) The office's right of assignment and reimbursement under Subsection (1)(a) is
647 limited to the lesser of:
650 (c) The office may be reimbursed under Subsection (1)(a) regardless of whether the
651 office exercises the office's right of assignment under Subsection (1)(a).
652 (2) The board, with the concurrence of the director, may reduce the [
653 right of reimbursement if [
654 (a) the reduction will benefit the fund; or
655 (b) the victim has ongoing expenses related to the offense upon which the reparations
656 claim is based and the benefit to the victim of reducing the [
657 reimbursement exceeds the benefit to the [
658 (3) The [
659 the victim and the victim may not impair the [
660 of reimbursement.
661 Section 19. Section 63M-7-521 is amended to read:
662 63M-7-521. Reparations award -- Payment methods -- Claims against the award.
664 provide for the payment of [
665 (b) (i) The reparations officer shall pay the part of [
666 amount of economic loss accrued to the date of the reparations award [
667 sum. [
668 (ii) A reparations officer may not pay allowable expense that would accrue after an
669 initial reparations award is made [
670 (iii) Except as provided in Subsection (2), a reparations officer shall award the part of
672 Subsection (1)(b) in installments.
673 (2) At the request of the claimant, the reparations officer may convert future economic
674 loss installment payments, other than allowable expense, to a lump sum payment, discounted to
675 present value, but only upon a finding by the reparations officer that the reparations award in a
676 lump sum will promote the interests of the claimant.
678 may be made only for a period for which the reparations officer can reasonably determine
679 future economic loss.
680 (b) The reparations officer may reconsider and modify [
681 future economic loss payable in installments, upon the reparations officer's finding that a
682 material and substantial change of circumstances has occurred.
683 (4) [
684 except that [
685 creditor to the extent that the creditor provided products, services, or accommodations, the
686 costs of which are included in the reparations award.
687 (5) An assignment or agreement to assign [
688 loss accruing in the future is unenforceable, except:
689 (a) an assignment of [
690 payment of alimony, maintenance, or child support;
691 (b) an assignment of [
692 the extent that the benefits are for the cost of products, services, or accommodations
693 necessitated by the injury or death on which the reparations claim is based and are provided or
694 to be provided by the assignee; or
695 (c) an assignment to repay a loan obtained to pay for the obligations or expenses
696 described in Subsection (5)(a) or (b).
697 Section 20. Section 63M-7-521.5 is amended to read:
698 63M-7-521.5. Payments to medical service providers.
699 (1) (a) Except as provided in Subsection (2), a medical service provider who accepts
700 payment from the office shall agree to accept payments as payment in full on behalf of the
701 victim or claimant[
702 payment from the victim or the claimant for services for which the office has made payment.
704 the office's rules, the medical service provider may collect from the victim or claimant, but not
705 more than the amount the provider would have received from the office.
706 (2) (a) When a medical service provider receives notice that a reparations claim has
707 been filed, the medical service provider may not, before the office determines whether to issue
708 a reparations award, engage in debt collection for the claim, including:
709 (i) repeatedly calling or writing to a victim and threatening to refer unpaid health care
710 costs to a debt collection agency, attorney, or other person for collection; or
711 (ii) filing for or pursuing a legal remedy for payment of unpaid health care costs.
712 (b) The statute of limitations for collecting a debt is tolled during the time in which a
713 request for a reparations award is being reviewed by the office.
714 (3) The office may:
715 (a) use the fee schedule utilized by the Utah Public Employees Health Plan or any other
716 fee schedule adopted by the board; and
717 (b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
718 Rulemaking Act, necessary to implement the fee schedule adopted in accordance with this
720 Section 21. Section 63M-7-522 is amended to read:
721 63M-7-522. Emergency reparations award.
722 (1) If the reparations officer determines that the claimant will suffer financial hardship
723 unless an emergency reparations award is made, and it appears likely that a final reparations
724 award will be made, an amount may be paid to the claimant, to be deducted from the final
725 reparations award or repaid by and recoverable from the claimant to the extent that it exceeds
726 the final reparations award.
727 (2) The board may limit emergency reparations awards under Subsection (1) to any
728 amount [
729 Section 22. Section 63M-7-523 is amended to read:
730 63M-7-523. Review of reparations award decision.
731 (1) The reparations officer shall review at least annually every reparations award being
732 paid in installments.
733 (2) An order on review of [
734 previously paid unless the reparations award was obtained by fraud or a material mistake of
736 Section 23. Section 63M-7-524 is amended to read:
737 63M-7-524. Attorney fees.
738 (1) The claims procedures shall be sufficiently simple that the assistance of an attorney
739 is unnecessary, and no attorney fees [
740 other representative in filing the reparations claim or providing information to the reparations
742 (2) Attorney fees may be granted in the following circumstances and shall be paid out
743 of the reparations award not to exceed 15% of the amount of the reparations award:
744 (a) when [
745 to deny is overturned; or
746 (b) when minor dependents of a deceased victim require assistance in establishing a
747 trust or determining a guardian.
748 (3) (a) An attorney or any other person providing assistance in a reparations claim, who
749 contracts for or receives sums not allowed under this [
750 misdemeanor. [
751 (b) This Subsection (3) does not apply to attorneys who assist the victim in filing a
752 civil action against the perpetrator.
753 Section 24. Section 63M-7-525 is amended to read:
754 63M-7-525. Purpose -- Not entitlement program.
755 (1) (a) The purpose of the [
756 of criminally injurious conduct who may be eligible for assistance from the [
758 (b) Reparation to a victim under this part is limited to the money available in the fund.
760 entitlement program. [
761 (b) A reparations award may be limited or denied as determined appropriate by the
763 (c) Failure to grant [
764 the [
765 there is no right to judicial review over the decision whether or not to grant [
767 (3) A cause of action based on a failure to give or receive the notice required by this
769 subdivisions, any of their law enforcement officers or other agents or employees, or any health
770 care or medical provider or its agents or employees[
771 alter any requirement for filing or payment of a reparations claim.