(1) Claimant's Obligations. A claimant shall have the following obligations with respect to a claim for compensation:
- (a) The claim must be made on an application form provided by the Agency;
- (b) The claim must be signed by the claimant under the pains and penalties of perjury;
- (c) The claim must be accompanied by copies of bills and other supporting documentation necessary to verify the claim; and
- (d) The claim must contain a release of information necessary to obtain documentation and verification of the requested compensation the claim. The Agency may request this release of information is renewed periodically. The claimant may withdraw their release of information by notifying the Agency in writing of their decision to withdraw the release.
1/2/26 (Effective 8/4/25) 124 CMR - 27
(2) Continuing Obligations. A claimant shall have a continuing obligation to:
- (a) provide the Agency with current information relating to the claim;
- (b) cooperate with the Agency in the administration of the claim including responding promptly to all requests for further information and verifications, and responding promptly to all requests to exhaust other sources of reimbursement;
- (c) notify the Agency of any change in address;
- (d) provide information to the Agency about any civil action anticipated or filed in connection with the crime;
(e) exhaust all other sources of payment or reimbursement for compensable expenses, and promptly notify the Agency of any order for payment or eligibility for payment from any other source including:
- 1. life insurance, homeowner's insurance, renter's insurance, automobile insurance, health insurance, disability insurance or any other private or public insurance program;
- 2. workers compensation, social security benefits, veterans benefits, retirement benefits or other private or public benefit program;
- 3. Medicaid, Medicare, care funded by the Health Safety Net Trust Fund, or any other form of public assistance including aid to families with dependent children and assistance to the aged and disabled or any successor;
- 4. restitution in the criminal action;
- 5. proceeds from a civil suit; or
- 6. institutional gifts.
- (f) promptly reimburse the Commonwealth, to the extent of compensation actually paid, for payments received from any other source that exceed the actual losses to the victim.
- (g) Claimants have no obligation to notify the Agency of crowd funding dollars raised on their behalf, as this funding will not be considered as a source of payment that must be exhausted in accordance with 124 CMR 2.08 (2) (e ).
- (3) Burden of Proof. The claimant has the burden of demonstrating their eligibility for compensation, and their compensable expenses, by a preponderance of the evidence.
- (4) Failure to Comply. A claimant's failure to comply with any obligation set forth in 124 CMR 2.00 may result in denial of the claim for compensation.