Section 94-03-03-10 - Mental health services1.Provider qualifications. The division may pay compensation to a mental health provider who has provided services to a victim of criminally injurious conduct if the provider meets one of the following requirements: a. Holds a master's degree in counseling, psychology, social work, or a related field, and is licensed or certified as a professional counselor, social worker, or therapist.b. Holds a doctor's degree and is licensed or certified as a professional counselor, social worker, or therapist.c. Is a student intern in an accredited graduate program supervised by a licensed clinician.d. Is a licensed public or private hospital, clinic, or treatment facility.2.Verification. A request for compensation for mental health services must include a billing statement containing the mental health provider's name, business address, telephone number, treatment plan, and other information necessary for the division to determine the claim is for services directly related to the criminally injurious conduct. The provider shall verify that services provided are directly related to the criminally injurious conduct and specify the number of treatment sessions that are necessary.3.Treatment and payment limitations. Treatment and payment for mental health services is limited to: a. Assessment, diagnosis, and treatment, including individual or group counseling sessions.b. No longer than a two-year period beginning on the date of the first session and:(1) For adult victims, no more than thirty sessions, and total compensation may not exceed three thousand six hundred dollars.(2) For minor victims, no more than forty sessions, and total compensation may not exceed four thousand eight hundred dollars.(3) For individuals who were physically present at the crime scene or who discovered the body in a homicide, no more than ten sessions, and total compensation may not exceed one thousand two hundred dollars.(4) For a parent or guardian of a homicide victim, no more than ten sessions, and total compensation may not exceed one thousand two hundred dollars.(5) For a parent or guardian of a minor victim, no more than ten sessions, and total compensation may not exceed one thousand two hundred dollars.(6) If a provider substantiates the need for additional sessions, the division may allow up to ten additional sessions and up to one thousand two hundred dollars total compensation for the additional sessions. The additional sessions may not extend beyond the two-year period under this section.(7) The division may not pay compensation for mental health services for the purpose of determining a child's custody.(8) The division may not pay compensation when the victim or claimant fails to comply with prescribed treatment or treatment recommendations.N.D. Admin Code 94-03-03-10
Adopted by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.General Authority: NDCC 54-23.4-04
Law Implemented: NDCC 54-23.4-04