Victims’ Compensation Assistance Program Advisory Council

Minutes

Tuesday, September 21, 2010

10am – 12pm

TatnallBuilding, Room 112

Dover, DE19901

  • Welcome Address:

Tim Mullaney, Director

Fraud and Consumer Protection Division

Department of Justice

Tim welcomed the Advisory Council and explained the reasons that VCAP has been placed under the Fraud and Consumer Protection Division.

  • June 11, 2010 minutes

Minutes were approved by the VCAP Advisory Council

  • Old Business:

Final review of the Joint Sunset Committee’s recommendations for the Advisory Council. Debbie Reed moved and Patti D’Angelo seconded.

The Council voted to approve the proposed draft amendments to the Victims’ Compensation Assistance Program Act, Title 11 Chapter 90. These draft amendments come from recommendations of the Joint Sunset Committee’s report and have been worked on by the Advisory Council during 2010. The proposals would clarify which offenses involving motor vehicles are covered by VCAP; redefine the $50,000 compensation threshold to apply to cases of permanent injury or total disability; close a loophole for victims of federal crimes not eligible for federal victims’ benefits; eliminate the reference to child abuse “by an adult”; include domestic violence cases as exceptions to the prompt police reporting requirement; allow the Agency discretion to receive initial applications after one year; and distinguish between “reopening” of claims where payment has been made, versus claims that were denied. The draft amendments were unanimously approved. They will be sent to the Attorney General’s office for review before the 2011 General Assembly convenes.

  • VCAP Executive Director Barbara Brown gave her report on claims caseload and total expenditures for FY 2010. An updated spread sheet showing the claims caseload and expenditures for FY 10 was submitted to the VCAP Advisory Council for review. It will be important to watch the fund balance and to consider ways to ensure that the revenue and expenditures are on track because the caseload has increased by 75%, along with an increase in money awarded. It is clear from reviewing other states compensation programs that most states do not pay 100% to medical, mental health and dental providers. Through regulations, and/or statutes they have a set payment rate which is considered payment in full.
  • New Business:

Proposed draft regulations regarding payment rates for medical providers. Barbara explained that in 1992 the Violent Crimes Compensation Board developed letters of agreement with most of Delaware’s hospitals, which allowed VCCB to pay 80% of the bill, which would be considered payment in full. All Advisory Council members have reviewed the fifty state summary which shows that most compensation programs pay medical bills at a percentage of the charges and that is considered payment in full. The Advisory Council discussed the draft payment regulation which Ralph Durstein reviewed. The draft regulation is modeled after the Pennsylvania payment regulation. After discussion and some amended language the Advisory Council voted for a new rule providing for payment at 80% of the billed amount, and barring the provider who accepts payment from balance-billing the victim. This proposed rule will be published in the November Register of Regulations. There will be public hearings scheduled on the proposed draft regulation. After committee discussion, the Advisory Council approved these proposed payment regulation. There was discussion about including mental health and dental claims in these proposed regulations. The Advisory Council agreed to start with medical and then in the near future propose payment regulations for other providers. These changes will protect the fund balance and will be necessary for the viability of the fund with the increased applications and financial awards from VCAP.

  • Update on the Vel Micro contract for the new computerized claims processing system- work continues on the Business Requirements Document for the new system. The Document should be completed by the end of the calendar year.
  • Advisory Council member Brian Hartman presented some information for discussion on compensatory education. Brian asked the committee to consider VCAP covering compensatory education for students who are victims of violent crime. Pecuniary loss includes “any other expenses actually and necessarily incurred as a result of the personal injury apart from property damage”. According to Brian, if VCAP agreed, the authorization to cover compensatory education could either be achieved by regulation or via legislative action. A handout was provided from ChristianaSchool District, in addition to Brian’s email from August 24th, which further describes the compensatory education issues. The committee discussed the issue but took no action. There was discussion about the role of the Department of Education and school districts in paying for these services and that VCAP is a payer of last resort. It is not clear how many cases would fall into this category so there was discussion of having a test case. VCAP does have some latitude in interpreting the scope of any other expenses actually and necessarily incurred. Eliza Hirst from the OCA and Wendy Strauss from the GACEC supported VCAP’s consideration of compensatory education claims in appropriate cases.
  • Adjourn

Members in attendance:

Brian Hartman

Patty D’Angelo

Debbie Reed

Stephanie Hamilton

Gail Riblett

Ann DelNegro

Valerie Marek

LeVerta Bradford

Barbara Brown

Ralph Durstein

Other persons in attendance:

Wendy Strauss

Eliza Hirst

Valerie Farnem

Tim Mullaney Sr

Diane Glenn

Paulette Moore