DAR File No. 32180

Crime Victim Reparations, Administration

R270-1-14

Essential Personal Property

NOTICE OF PROPOSED RULE

DAR File No.: 32180
Filed: 12/01/2008, 08:13
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the amendment is to differentiate between medically necessary devices and other types of essential personal property.

Summary of the rule or change:

The amendment differentiates between medically necessary devices and other types of essential personal property. It authorizes a higher maximum for medically necessary devices than for other types of essential personal property due to the high cost of medical devices. In doing so, the Crime Victim Reparations (CVR) Board delegates approval authority for medically necessary devices to reparation officers if the cost is $5,000 or less.

State statutory or constitutional authorization for this rule:

Subsections 63M-7-506(1)(c) and 63M-7-511(4)(h)

Anticipated cost or savings to:

the state budget:

No impact to the state budget is anticipated because the number of medically necessary devices for which approval is granted is not likely to change. Currently, the Crime Victim Reparations Board reviews requests for medically necessary devices that exceed $1,500. Under this change, the reparation officer would have authority to make decisions on medically necessary devices that cost $5000 or less. It is not anticipated that additional medically necessary devices will be authorized. Rather, the process for approving such devices will change.

local governments:

No fiscal impact to local government is anticipated because the number of medically necessary devices for which approval is granted is not likely to change.

small businesses and persons other than businesses:

No fiscal impact to small businesses is anticipated because the number of medically necessary devices for which approval is granted is not likely to change.

Compliance costs for affected persons:

Compliance costs will not change. Claimants will continue to submit the same documentation that has been required under the current rule. The amendment will allow for faster decision-making because many requests will no longer need to be submitted to the Crime Victim Reparations Board.

Comments by the department head on the fiscal impact the rule may have on businesses:

I do not anticipate any fiscal impact on businesses. While the approval process will change, the number of and cost of medically necessary devices approved by CVR is not likely to change. Robert Yeates, Executive Director, Commission on Criminal and Juvenile Justice

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Crime Victim Reparations
Administration
350 E 500 S
SALT LAKE CITY UT 84111-3347

Direct questions regarding this rule to:

Ronald B Gordon at the above address, by phone at 801-238-2367, by FAX at 801-533-4127, or by Internet E-mail at rbgordon@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/14/2009

This rule may become effective on:

01/21/2009

Authorized by:

Ronald B Gordon, Director

R270. Crime Victim Reparations, Administration.

R270-1. Award and Reparation Standards.

R270-1-14. Essential Personal Property.

A. Pursuant to Subsection 63M-7-511(4)(h), essential personal property covers all personal articles necessary and essential for the health and safety of the victim.

B. The Reparation Officer may allow up to $5000 for medically necessary items such as eyeglasses, hearing aids, and wheelchairs. The board may approve expenses for medically necessary items in excess of $5000 where extenuating circumstances exist.

C. The Reparation Officer may allow up to $1500 for essential personal property not included in Subsection (B)[replacement of] such [items ]as [eyeglasses, hearing aids, ]burglar alarms, door locks, crime scene cleanup, repair of walls and broken windows, etc. The board [shall review any exceptions over]may approve expenses for essential person property in excess of $1500 where extenuating circumstances exist.

 

KEY: victim compensation, victims of crimes

Date of Enactment or Last Substantive Amendment: [August 11, 2008]2009

Notice of Continuation: July 3, 2006

Authorizing, and Implemented or Interpreted Law: 63M-7-501 et seq.