SENATE, No. 367

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 


 

Sponsored by:

Senator  JOSEPH P. CRYAN

District 20 (Union)

 

 

 

 

SYNOPSIS

     Authorizes certain entities to directly bill Victims of Crime Compensation Office for counseling services provided to victims of firearm and stabbing crimes.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

 


An Act concerning victims of crime and supplementing Title 52 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.   In the event that a person is the victim of a firearm or stabbing injury incurred during the course of an offense described in subsection b. of section 11 of P.L.1971, c.317 (C.52:4B-11), and the person receives counseling in connection with the injury, the entity providing counseling services may directly bill the Victims of Crime Compensation Office for the counseling services, provided that:

     (1)   the counseling was provided by a licensed psychiatrist, psychologist, social worker, or therapist, or by a peer or support counselor or other individual authorized by the Victims of Crime Compensation Office to provide such counseling while under the supervision of a licensed professional;

     (2)   the person providing the counseling is affiliated with the hospital where the victim received treatment for the injury or is affiliated with a hospital-based or hospital-linked violence intervention program recognized by the Victims of Crime Compensation Office;

     (3)   the victim reported the injury to law enforcement within nine months after its occurrence or reasonable discovery, except that, notwithstanding the requirements of section 18 of P.L.1971, c.317 (C.52:4B-18), a report made after such time shall not be deemed to bar a claim for compensation for counseling services if the victim was admitted to the hospital for the injury and the victim consents to the hospital releasing records of the admission to the Victims of Crime Compensation Office;

     (4)   the victim has consented in writing to the entity directly billing the Victims of Crime Compensation Office pursuant to this section ; and

     (5)   the victim has filed a claim with the Victims of Crime Compensation Office that is deemed eligible for counseling services pursuant to P.L.1971, c.317 (C.52:4B-1 et seq.).

     Compensation to be paid for counseling services provided under this section shall be determined in accordance with the provisions of subsection b. of this section and section 19 of P.L.1971, c.317 (C.52:4B-19).

     b.    The Victims of Crime Compensation Office shall establish by regulation the maximum amount of compensation that may directly billed pursuant to subsection a. of this section, which in any case shall not exceed $1,000 in connection with a given injury.

     c.     An entity that directly bills for counseling services pursuant to subsection a. of this section shall not bill the victim or any other person or entity in any amount for any counseling services for which it received compensation from the Victims of Crime Compensation Office pursuant to this section.

 

     2.    The Victims of Crime Compensation Office may, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt such rules and regulations as may be necessary to implement the provisions of this act.

 

     3.    This act shall take effect the first day of the fourth month next following the date of enactment.

 

 

STATEMENT

 

      This bill authorizes certain entities providing counseling services to crime victims who suffered a firearm or stabbing injury to directly bill the Victims of Crime Compensation Office (VCCO) for the provision of these services. 

     Under the bill, an entity providing counseling services may directly bill the VCCO for the services if: 1) the counseling was provided by a licensed psychiatrist, psychologist, social worker, or therapist, or by a peer or support counselor or other individual authorized by the VCCO to provide counseling while under the supervision of a licensed professional; 2) the person providing the counseling is affiliated with the hospital where the victim was treated for the injury or affiliated with a hospital-based or hospital-linked violence intervention program recognized by the VCCO; 3) the victim reported the injury to law enforcement within nine months after its occurrence or reasonable discovery, except a report made after that time is not to be deemed to bar a claim for these services if the victim was admitted to the hospital for the injury and the victim consents to the hospital releasing records of the admission to the VCCO; 4) the victim consented in writing to the entity directly billing the VCCO for the counseling services; and 5) the victim has filed a claim with the VCCO. 

     The provisions of this bill require the VCCO to establish by regulation the maximum amount of compensation that may be directly billed, which is not to exceed $1,000 in connection with a given injury.  Under the bill, an entity that directly bills and receives compensation from the VCCO for counseling services is prohibited from billing the victim or any other person or entity in any amount for those same services.