- For all incidents occurring after October 1, 2003, the maximum amount
the Board shall award for counseling expenses shall be $12,500 notwithstanding
the number of counseling sessions attended. For all incidents
occurring after July 1, 1991 and for services performed after July 19,
1991, on claims filed prior to July 1, 1991, the Board will pay out-of-pocket
unreimbursable counseling and therapy expenses for each of the listed
categories of providers not to exceed the amounts in (a)1 through 8
below. The providers in (a) 1 through 8 below who accept payment
from the Board for a service shall accept the Board's rates as payment
in full and shall not accept any payment on account of the services
from an other source if the total payments accepted would exceed the
maximum rate set by the Board for that service.
Psychiatrist----------------------------------------------------$150 per
hourly session
- Unlicensed Mental Health Practitioner practicing in compliance with
N.J.S.A. 45:14B-6 (Psy.D., Ph.D., Ed.D.)-------------------------------------$110
per hourly session
- State Licensed Psychologist--------------- -------------------$110
per hourly session
- A.C.S.W--------------------------------- -------------------$ 90
per hourly session
- Licensed Marriage and Family Therapist----------------------$ 90
per hourly session
- M.S.W.------------------------------------------------------$ 80
per hourly session
- M.A. (Jurisdictions other than New Jersey or in New Jersey practicing
in compliance with N.J.S.A. 45:14B-6------------------------$80 per
hourly session
- Group counseling sessions, involving three or more individuals conducted
by any of the above credentialed providers-----$50.00 per eligible claimant
per session.
For counseling disciplines not covered by the fee schedule adopted
herein, and covered by N.J.S.A. 45:14B-8 and N.J.A.C. 13:42-5.1, the Board
may, within its discretion pursuant to N.J.S.A. 52:4B-9, set an amount
which shall not exceed $90 per hourly session.
Except as provided by N.J.A.C. 13:75-1.32 for cases to be determined
to be catastrophic in nature, and notwithstanding (a) and (b) above, in
the case of residential counseling services, the Board shall approve no
more than one such period of counseling not exceeding 30 days in length
and shall limit reimbursement to no more than 50 percent of the total
cost of the service. Subsequent residential treatments shall not be compensated
by the Board.
)This subsection shall apply solely to incidents occurring prior to
October 1, 2003.
Except as provided by N.J.A.C. 13:75-1.32 for cases to be determined
to be catastrophic in nature, the Board shall award no compensation
for out-of-pocket, unreimbursed or unreimbursable psychological counseling
expenses related to the incident for an amount greater than $10,000
for any eligible direct crime victim. However, the Board may authorize
up to 100 counseling sessions for any direct victim on a case by case
basis as determined by all the relevant evidence submitted for its consideration,
notwithstanding the fact that the total cost of said 100 sessions exceed
$10,000. Secondary victim and group family therapy may be compensated
in addition as provided by N.J.A.C. 13:75-1.28.
- In a case of criminal homicide, for incidents occurring after March
6, 2000 and for purposes of compensation for related psychological
injury solely, direct victim shall include spouse, parent, legal guardian,
grandparent, child or sibling of the decedent. Psychological counseling
for which the Board may reimburse any group of direct victims in an
individual claim, shall not exceed the statutory maximum permitted
pursuant to N.J.A.C. 13:75-1.7(g).
- In assessing the eligibility of direct victims, the Board will
be guided by N.J.S.A. 52:4B-10 and 18 and N.J.A.C. 13:75-1.6(d).
- Where the incident occurred prior to September 1, 1997, and where
the Board has approved and awarded compensation for more than 100
sessions pursuant to provisions of these rules which existed and were
applicable prior to September 1, 1997, the Board may authorize additional
counseling sessions. Unless the maximum statutory award permitted,
as set forth in N.J.S.A. 52:4B-18(g) and N.J.A.C. 13:75-1.7(g), has
been reached, compensation for the sessions so authorized on or after
July 1, 1999 shall not exceed $5000 in the aggregate. The Board may
authorize up to 50 additional counseling sessions notwithstanding
the fact that the total cost of said additional sessions exceeds $5000.
- Where a victim may be eligible for more than 100 sessions pursuant
to provisions of these rules which existed and were applicable prior
to September 1, 1997, but less that 100 sessions had been authorized
prior to July 1, 1999, the Board may authorize additional counseling
sessions beyond 100 sessions pursuant to the guidelines set forth
in paragraph (d)(i) of this section.
This subsection shall apply solely to claims prior to October 1, 2003.
The term "sessions," as used herein, means a session greater than 30 minutes,
but no more than one hour, and includes individual, group or family therapy
and the presence of a counselor in a legal proceeding as determined by
the Board to be necessary for the emotional support of the direct victim,
claimant or secondary victim. Sessions of 30 minutes or less shall
be considered and compensated as one-half of a session. No award of compensation
shall be made for an appearance or presence required to assist in prosecution
of the offender or in a proceeding to prosecute a collateral legal right.
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