REFERENCE TITLE: sexual assault victims; financial assistance State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HB 2500 Introduced by Representative Gress An Act amending section 41-2407, Arizona Revised Statutes; appropriating monies; relating to the victim compensation and assistance fund. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: sexual assault victims; financial assistance
State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
HB 2500
Introduced by Representative Gress
REFERENCE TITLE: sexual assault victims; financial assistance
State of Arizona
House of Representatives
Fifty-sixth Legislature
First Regular Session
2023
HB 2500
Introduced by
Representative Gress
An Act
amending section 41-2407, Arizona Revised Statutes; appropriating monies; relating to the victim compensation and assistance fund.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 41-2407, Arizona Revised Statutes, is amended to read: START_STATUTE41-2407. Victim compensation and assistance fund; subrogation; prohibited debt collection activity; definition A. The victim compensation and assistance fund is established. The Arizona criminal justice commission shall administer the fund. The victim compensation and assistance fund shall consist of monies collected pursuant to section 31-411, subsection E and sections 12-116.08, 13-4310, 31-418, 31-467.06 and 41-1674, unclaimed victim restitution monies pursuant to sections 22-116 and 44-313 and monies available from any other source. B. Subject to legislative appropriation, the Arizona criminal justice commission shall allocate monies in the victim compensation and assistance fund to public and private agencies for the purpose of establishing, maintaining and supporting programs that compensate and assist victims of crime. C. The allocation of monies pursuant to this section shall be made in accordance with rules adopted by the Arizona criminal justice commission pursuant to section 41-2405, subsection A, paragraph 8. The rules shall provide: 1. That persons who suffered personal injury or death that resulted from an attempt to aid a public safety officer in the prevention of a crime or the apprehension of a criminal may be eligible for compensation. 2. That a woman who is a victim of a sexual offense and who carries a resulting baby to term shall receive compensation for health care expenses and economic support. The compensation provided pursuant to this paragraph shall pay for expenses and support during the pregnancy and up until twelve months after the baby is born. D. This state and the applicable operational unit or qualified program, as defined in the victim compensation program rules, are subrogated to the rights of an individual who receives monies from the victim compensation and assistance fund to recover or receive monies or benefits from a third party, to the extent of the amount of monies the individual receives from the fund. E. A licensed health care provider who agrees to the victim compensation program rules may receive program monies for providing health and medical services to a victim or claimant. A licensed health care provider who accepts the full allowable payment for those services from a victim compensation program funded pursuant to this section is deemed to have accepted the payment as the full payment for those services. The licensed health care provider may not collect or attempt to collect any payment for the same health and medical services from the victim or claimant, except that if a victim compensation program funded pursuant to this section is unable to pay the full allowable payment to a licensed health care provider because of a lack of available monies or for any other reason, the licensed health care provider may collect the unpaid balance for the services from the victim or claimant or from a third-party payor, and the total amount billed or requested by the licensed health care provider may not exceed the full allowable payment that the licensed health care provider agreed to accept from the victim compensation program for the services. F. If a licensed health care provider receives notice that a person has filed a claim with a victim compensation program funded by this section, the licensed health care provider is prohibited from any debt collection activity for any monies owed by the person that are included in the filed claim until an award is made on the claim or until a determination is made that the claim is noncompensable. For the purposes of this subsection, "debt collection activity" includes repeatedly telephoning or writing to the claimant and threatening to either turn the matter over to a debt collection agency or to an attorney for collection, enforcement or filing of any other debt collection process. Debt collection activity does not include routine billing or inquiries about the status of the claim. G. For the purposes of this section, "licensed health care provider" means a person or institution that is licensed or certified by this state to provide health care services, medical services, nursing services, emergency medical services and ambulance services that are regulated pursuant to title 36, chapter 21.1, article 2 or other health-related services. END_STATUTE Sec. 2. Appropriation; victim compensation and assistance fund The sum of $5,000,000 is appropriated from the state general fund in fiscal year 2023-2024 to the victim compensation and assistance fund established by section 41-2407, Arizona Revised Statutes, as amended by this act.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-2407, Arizona Revised Statutes, is amended to read:
START_STATUTE41-2407. Victim compensation and assistance fund; subrogation; prohibited debt collection activity; definition
A. The victim compensation and assistance fund is established. The Arizona criminal justice commission shall administer the fund. The victim compensation and assistance fund shall consist of monies collected pursuant to section 31-411, subsection E and sections 12-116.08, 13-4310, 31-418, 31-467.06 and 41-1674, unclaimed victim restitution monies pursuant to sections 22-116 and 44-313 and monies available from any other source.
B. Subject to legislative appropriation, the Arizona criminal justice commission shall allocate monies in the victim compensation and assistance fund to public and private agencies for the purpose of establishing, maintaining and supporting programs that compensate and assist victims of crime.
C. The allocation of monies pursuant to this section shall be made in accordance with rules adopted by the Arizona criminal justice commission pursuant to section 41-2405, subsection A, paragraph 8. The rules shall provide:
1. That persons who suffered personal injury or death that resulted from an attempt to aid a public safety officer in the prevention of a crime or the apprehension of a criminal may be eligible for compensation.
2. That a woman who is a victim of a sexual offense and who carries a resulting baby to term shall receive compensation for health care expenses and economic support. The compensation provided pursuant to this paragraph shall pay for expenses and support during the pregnancy and up until twelve months after the baby is born.
D. This state and the applicable operational unit or qualified program, as defined in the victim compensation program rules, are subrogated to the rights of an individual who receives monies from the victim compensation and assistance fund to recover or receive monies or benefits from a third party, to the extent of the amount of monies the individual receives from the fund.
E. A licensed health care provider who agrees to the victim compensation program rules may receive program monies for providing health and medical services to a victim or claimant. A licensed health care provider who accepts the full allowable payment for those services from a victim compensation program funded pursuant to this section is deemed to have accepted the payment as the full payment for those services. The licensed health care provider may not collect or attempt to collect any payment for the same health and medical services from the victim or claimant, except that if a victim compensation program funded pursuant to this section is unable to pay the full allowable payment to a licensed health care provider because of a lack of available monies or for any other reason, the licensed health care provider may collect the unpaid balance for the services from the victim or claimant or from a third-party payor, and the total amount billed or requested by the licensed health care provider may not exceed the full allowable payment that the licensed health care provider agreed to accept from the victim compensation program for the services.
F. If a licensed health care provider receives notice that a person has filed a claim with a victim compensation program funded by this section, the licensed health care provider is prohibited from any debt collection activity for any monies owed by the person that are included in the filed claim until an award is made on the claim or until a determination is made that the claim is noncompensable. For the purposes of this subsection, "debt collection activity" includes repeatedly telephoning or writing to the claimant and threatening to either turn the matter over to a debt collection agency or to an attorney for collection, enforcement or filing of any other debt collection process. Debt collection activity does not include routine billing or inquiries about the status of the claim.
G. For the purposes of this section, "licensed health care provider" means a person or institution that is licensed or certified by this state to provide health care services, medical services, nursing services, emergency medical services and ambulance services that are regulated pursuant to title 36, chapter 21.1, article 2 or other health-related services. END_STATUTE
Sec. 2. Appropriation; victim compensation and assistance fund
The sum of $5,000,000 is appropriated from the state general fund in fiscal year 2023-2024 to the victim compensation and assistance fund established by section 41-2407, Arizona Revised Statutes, as amended by this act.