Section 94-03-03-06 - Award limitations1. The crime victims compensation fund is a secondary source for payment for economic losses not paid by other collateral sources, including disability benefits; employer-paid leave, including sick leave or annual leave; health insurance, including medical, vision, and dental benefits; life insurance; Medicare; medical assistance or Medicaid; motor vehicle insurance; personal and charity fundraising, including online fundraising; restitution; social security benefits and social security disability benefits; veterans' benefits; workforce safety and insurance; and any other state, county, or tribal public assistance, including food stamps. a. The division shall reduce or deny compensation for economic loss when payment for economic loss has been provided by collateral sources. Upon receipt of evidence of payment from collateral sources, the division shall calculate the amount of the reduction by subtracting the total amount received from the collateral sources from the award limitations.b. The division may not pay for any economic loss when a collateral source has paid the maximum amount of the benefit authorized under North Dakota Century Code subdivision a of subsection 7 of section 54-23.4-01, subsection 7 of section 54-23.4-06, and subsection 8 of section 54-23.4-06, except as provided in subsection 8 of section 54-23.4-06 for criminally injurious conduct that occurred outside the boundaries of the state of North Dakota.c. The division may not pay compensation when a collateral source is available to pay.2. If payment from collateral source exists or was available, either the service provider or the claimant shall notify the division whether a request was submitted to the collateral source for payment. Before payment is made from the division, either the provider or the claimant shall provide documentation that:a. Verifies the amount paid by the collateral source; orb. Verifies the applicant or service was not covered by the collateral source.3. If the claimant has no medical or dental insurance or other collateral source for payment, the division shall pay eighty percent of billed charges for eligible medical, dental, or mental health services. The eighty percent limitation is not applicable to mental health service providers who utilize a sliding fee scale.N.D. Admin Code 94-03-03-06
Adopted by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.General Authority: NDCC 54-23.4-04
Law Implemented: NDCC 54-23.4-01, 54-23.4-06