595.030. Compensation, out-of-pocket loss requirement, maximum amount for counseling expenses--award, computation--medical care, requirements--counseling, requirements--maximum award--joint claimants, - Missouri Statutes

Compensation, out-of-pocket loss requirement, maximum amount forcounseling expenses--award, computation--medical care,requirements--counseling, requirements--maximum award--jointclaimants, distribution--method, timing of payment determined bydepartment.

595.030. 1. No compensation shall be paid unless the claimant hasincurred an out-of-pocket loss of at least fifty dollars or has lost twocontinuous weeks of earnings or support from gainful employment."Out-of-pocket loss" shall mean unreimbursed or unreimbursable expenses orindebtedness reasonably incurred:

(1) For medical care or other services, including psychiatric,psychological or counseling expenses, necessary as a result of the crimeupon which the claim is based, except that the amount paid for psychiatric,psychological or counseling expenses per eligible claim shall not exceedtwo thousand five hundred dollars; or

(2) As a result of personal property being seized in an investigationby law enforcement. Compensation paid for an out-of-pocket loss under thissubdivision shall be in an amount equal to the loss sustained, but shallnot exceed two hundred fifty dollars.

2. No compensation shall be paid unless the department of publicsafety finds that a crime was committed, that such crime directly resultedin personal physical injury to, or the death of, the victim, and thatpolice records show that such crime was promptly reported to the properauthorities. In no case may compensation be paid if the police recordsshow that such report was made more than forty-eight hours after theoccurrence of such crime, unless the department of public safety finds thatthe report to the police was delayed for good cause. If the victim isunder eighteen years of age such report may be made by the victim's parent,guardian or custodian; by a physician, a nurse, or hospital emergency roompersonnel; by the division of family services personnel; or by any othermember of the victim's family. In the case of a sexual offense, filing areport of the offense to the proper authorities may include, but not belimited to, the filing of the report of the forensic examination by theappropriate medical provider, as defined in section 595.220, with theprosecuting attorney of the county in which the alleged incident occurred.

3. No compensation shall be paid for medical care if the serviceprovider is not a medical provider as that term is defined in section595.027, and the individual providing the medical care is not licensed bythe state of Missouri or the state in which the medical care is provided.

4. No compensation shall be paid for psychiatric treatment or othercounseling services, including psychotherapy, unless the service provideris a:

(1) Physician licensed pursuant to chapter 334, RSMo, or licensed topractice medicine in the state in which the service is provided;

(2) Psychologist licensed pursuant to chapter 337, RSMo, or licensedto practice psychology in the state in which the service is provided;

(3) Clinical social worker licensed pursuant to chapter 337, RSMo; or

(4) Professional counselor licensed pursuant to chapter 337, RSMo.

5. Any compensation paid pursuant to sections 595.010 to 595.075 fordeath or personal injury shall be in an amount not exceeding out-of-pocketloss, together with loss of earnings or support from gainful employment,not to exceed two hundred dollars per week, resulting from such injury ordeath. In the event of death of the victim, an award may be made forreasonable and necessary expenses actually incurred for preparation andburial not to exceed five thousand dollars.

6. Any compensation for loss of earnings or support from gainfulemployment shall be in an amount equal to the actual loss sustained not toexceed two hundred dollars per week; provided, however, that no awardpursuant to sections 595.010 to 595.075 shall exceed twenty-five thousanddollars. If two or more persons are entitled to compensation as a resultof the death of a person which is the direct result of a crime or in thecase of a sexual assault, the compensation shall be apportioned by thedepartment of public safety among the claimants in proportion to theirloss.

7. The method and timing of the payment of any compensation pursuantto sections 595.010 to 595.075 shall be determined by the department.

(L. 1981 H.B. 41, et al. § 5, A.L. 1985 H.B. 715, A.L. 1989 H.B. 502, et al., A.L. 1993 S.B. 19, A.L. 1994 S.B. 554, A.L. 1995 H.B. 174, et al., A.L. 2001 S.B. 267, A.L. 2007 H.B. 583, A.L. 2009 S.B. 338)