Budget Amendment ID: FY2014-S3-74

JUD 74

Victim Compensation

Ms. Flanagan and Messrs. Joyce, DiDomenico and McGee moved that the proposed new text be amended SECTION 93A. Section 1 of chapter 258C of the General Laws, as so appearing, is hereby amended by striking out the definition of “claim” and inserting in place thereof the following 2 definitions:-

“Catastrophic injury”, an injury that creates a permanent impairment for the victim, including: (i) a spinal cord injury involving  paralysis; (ii) amputation of an arm, hand, foot or leg; (iii) severe brain injury; (iv) second or third degree burns on 25 per cent or more of the total body surface or third degree burns on 5 per cent or more of the face and hands; (v) total or functional loss of vision or hearing; (vi) severe communication, sensory or motor disturbances; or (vii) any other injury that would otherwise qualify under this chapter.

“Claim”, an application for compensation under this chapter.

SECTION 93B. Section 3 of said chapter 258C is hereby amended by striking out subsection (a), as so appearing, and inserting in place thereof the following subsection:-

(a) The maximum award for compensation to a claimant under this chapter shall be $25,000; provided, however, that the maximum award for compensation to a claimant with a catastrophic injury under this chapter shall be $50,000. If there are 2 or more claimants eligible for compensation arising out of a crime committed against 1 individual for the same crime, each claimant shall be entitled to the out-of-pocket losses of every other claimant. The cumulative total of all awards based on such crime shall not exceed $25,000; provided, however, that the cumulative total of all awards based on such crime for catastrophic injuries shall not exceed $50,000.

SECTION 93C. Said section 3 of said chapter 258C is hereby further amended by striking out, in line 12, as so appearing, the figure “$6,500” and inserting in place thereof the following figure:- $8,000.

SECTION 93D. Said chapter 258C is hereby further amended by adding the following section:-

Section 14.  When a person files a claim under this chapter, no health care provider, as defined in section 1 of chapter 111, that has been given notice of the claim shall conduct any debt collection activities relating to medical or dental treatment received by the person in connection with the claim until an award has been made on the claim or until the claim has been denied. The period during which the health care provider shall be prohibited from conducting debt collection activities under this section shall be excluded in determining the applicable limitations period for commencing an action to collect the debt.  For the purposes of this section, “debt collection activities” shall mean repeatedly calling or writing the claimant or threatening to turn the matter over to a debt collector, as defined in section 24 of chapter 93, for collection, enforcement or filing of other process; provided, however, that “debt collections activities” shall not include the routine billing or inquiries about the status of a claim.