(a) No award shall exceed the maximum amount approved by the Wyoming legislature and stated in the victims compensation statue.
(b) Medical Expenses. Medical expenses include those incurred from the reasonable and necessary costs of all medical and dental services, dental and prosthetic devices, services rendered by any method of healing recognized by the law of this state, and mental health counseling and care. - (i) Compensable medical expenses include:
- (A) those incurred from the date of the injury to the decision date;
- (B) in the event the application is considered more than one year after the date of the crime, compensable medical expenses shall be limited to those medical expenses incurred one year after the crime date;
- (C) no compensation shall be paid for future medical expenses.
(c) Mental health counseling and care means the assessment, diagnosis and treatment of an individual's mental and emotional functioning that is required to alleviate psychological trauma resulting from compensable crime. - (i) Mental health counseling shall be provided by a certified or licensed practitioner of the healing arts acting within the scope of his or her license or certificate.
- (ii) Counseling services provided to an eligible victim by a counselor whose position is funded, in whole or in part, or whose position is used as match to a federal Victims of Crime Act funds, shall not be eligible for compensation payment.
- (iii) Compensation for family counseling shall be payable only for sessions where the focus of the session is to assist the victim in recovery from a compensable crime.
(d) Loss of earnings, loss of future earnings, and loss of dependents support. In order to be compensated for loss of earnings or loss of support the victim must have been employed at the time of the crime that caused the death or personal injury. - (i) If the victim was self employed at the time of injury or death, the loss of actual earnings shall be determined by the income reported on the previous year's federal income tax return or the current year's income based on current financial records or any other documentation that enables the Division to determine the income for the six months immediately proceeding the date of the injury. The loss of earnings is computed at current federal minimum wage.
- (ii) If the sole employment of the victim at the time of the injury or death was limited to performing duties and responsibilities of a homemaker, the award shall be determined by documentation of actual expenses for cost of services or hours worked at federal minimum wage, whichever is less.
- (iii) All loss of earning and support is computed at the federal minimum wage times the number of scheduled hours worked or lost.
- (iii) Loss of support shall be awarded to the dependents of a homicide or disabled victims and verified and computed in the same manner as loss of earnings.
(e) Funeral/ Burial Expenses. An award for reasonable funeral and burial expenses shall not exceed the maximum limit set forth in the Wyoming Statue addressing crime victims compensation.
(f) Clothing and Bedding. A reasonable replacement value for clothing and bedding taken for evidentiary purposes.
(g) Collateral Sources. In determining the amount of an award to an applicant, the Division shall consider the amount of any payments received or to be received from a collateral source.
(i) The term collateral source includes but is not limited to: - (A) amounts received from the offender, including restitution;
- (B) proceeds of any contract of insurance payable to the Victim Services Division a contract providing hospital and other health care services or benefits;
- (C) any governmental entity or government program.