- (a) This section applies to claims filed with the division after June 30, 2009.
- (b) This section does not apply to reimbursement for forensic and evidence gathering services provided under section 39 of this chapter.
- (c) An award may not be made unless the claimant has incurred an out-of-pocket expense that exceeds one hundred dollars ($100) or has incurred loss of income that exceeds one hundred dollars ($100).
- (d) Subject to subsections (b) and (c), the division may order the payment of compensation under this chapter for any of the following reasonable, documented expenses incurred within one hundred eighty
- (180) days after the date of the violent crime:
(1) Necessary:
- (A) medical, chiropractic, hospital, dental, optometric, and ambulance services;
- (B) prescription drugs; and
(C) prosthetic devices;
that do not exceed the claimant's out-of-pocket expense.
(2) Loss of income:
- (A) the victim would have earned had the victim not died or been injured, if the victim was employed at the time of the violent crime;
- (B) the parent, guardian, or custodian of a victim who is less than eighteen (18) years of age incurred by taking time off from work to care for the victim; or
(C) the spouse of a victim incurred by taking time off from work to care for the victim.
A claimant seeking reimbursement under this subdivision must provide the division with proof of employment and current wages.
- (3) Emergency shelter care expenses, not to exceed the expenses for thirty (30) days, that are incurred for the claimant or a dependent of the claimant to avoid contact with a person who committed the violent crime.
- (4) Expense incurred for child care, not to exceed one thousand dollars ($1,000), to replace child care the victim would have supplied had the victim not died or been injured.
- (5) Loss of financial support the victim would have supplied to legal dependents had the victim not died or been injured.
- (6) Expenses incurred for funeral, burial, or cremation of the victim that do not exceed five thousand dollars ($5,000). The division shall disburse compensation under this subdivision in accordance with guidelines adopted by the division.
- (7) Outpatient mental health counseling, not to exceed three thousand dollars ($3,000), concerning mental health issues related to the violent crime.
- (8) Other actual expenses related to bodily injury to or the death of the victim that the division determines are reasonable.
- (9) Replacement of windows or door locks.
- (10) Cleanup of the scene of a violent crime.
- (e) The division shall obtain written verification of all losses and expenses requested under this section before making an award.
- (f) If a health care provider accepts payment from the division under this chapter, the health care provider may not require the victim to pay a copayment or an additional fee for the provision of services.
- (g) A health care provider who seeks compensation from the division under this chapter may not simultaneously seek funding for services provided to a victim from any other source.
(h) The director may extend the one hundred eighty (180) day compensation period established by subsection (d) for a period not to exceed two (2) years after the date of the violent crime if:
- (1) the victim or the victim's representative requests the extension; and
- (2) medical records and other documentation provided by the attending medical providers indicate that an extension is appropriate.
- (i) The director may extend the one hundred eighty (180) day compensation period established by subsection (d) for outpatient mental health counseling, established by subsection (d)(7) where justice requires, but for a period not to exceed two (2) years.
As added by P.L.129-2009, SEC.6. Amended by P.L.161-2013, SEC.2; P.L.113-2014, SEC.7; P.L.98-2022, SEC.7; P.L.9-2024, SEC.119; P.L.20-2024, SEC.15.