ASSEMBLY, No. 4803

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED DECEMBER 10, 2018

 


 

Sponsored by:

Assemblyman  LOUIS D. GREENWALD

District 6 (Burlington and Camden)

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

Assemblywoman  ELIANA PINTOR MARIN

District 29 (Essex)

 

Co-Sponsored by:

Assemblywoman Reynolds-Jackson, Assemblyman Benson, Assemblywomen Speight and Murphy

 

 

 

 

SYNOPSIS

     Authorizes certain entities to directly bill Victims of Crime Compensation Agency for counseling services provided to victims of firearm and stabbing crimes.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning victims of crime and supplementing Title 52 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

      1.   a.   In the event that a person is the victim of a firearm or stabbing injury incurred during the course of an offense described in subsection b. of section 11 of P.L.1971, c.317 (C.52:4B-11), and the person receives counseling in connection with the injury, the entity providing counseling services may directly bill the Victims of Crime Compensation Agency for the counseling services, provided that:

     (1)   the counseling was provided by a licensed psychiatrist, psychologist, social worker, or therapist, or by a peer or support counselor or other individual authorized by the Victims of Crime Compensation Agency to provide such counseling while under the supervision of a licensed professional;

     (2)   the person providing the counseling is affiliated with the hospital where the victim received treatment for the injury or is affiliated with a hospital-based or hospital-linked violence intervention program recognized by the Victims of Crime Compensation Agency;

     (3)   the victim reported the injury to law enforcement within nine months after its occurrence or reasonable discovery, except that, notwithstanding the requirements of section 18 of P.L.1971, c.317 (C.52:4B-18), a report made after such time shall not be deemed to bar a claim for compensation for counseling services if the victim was admitted to the hospital for the injury and the victim consents to the hospital releasing records of the admission to the Victims of Crime Compensation Agency; and

     (4)   the victim has consented in writing to the entity directly billing the Victims of Crime Compensation Agency pursuant to this section.

      b.   The Victims of Crime Compensation Agency shall establish by regulation the maximum amount of compensation that may directly billed pursuant to subsection a. of this section, which in any case shall not exceed $1,000 in connection with a given injury.

      c.    An entity that directly bills for counseling services pursuant to subsection a. of this section shall not bill the victim or any other person or entity in any amount for any counseling services for which it received compensation from the Victims of Crime Compensation Agency pursuant to this section.

 

      2.   The Victims of Crime Compensation Agency may, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt such rules and regulations as may be necessary to implement the provisions of this act.

     3.    This act shall take effect the first day of the fourth month next following the date of enactment.

 

 

STATEMENT

 

     This bill authorizes certain entities providing counseling services to crime victims who suffered a firearm or stabbing injury to directly bill the Victims of Crime Compensation Agency for the provision of counseling services. 

     In order to directly bill for counseling services, the bill requires that the counseling have been provided by a licensed psychiatrist, psychologist, social worker, or therapist, or by a peer or support counselor or other individual authorized by the Agency to provide such counseling while under the supervision of a licensed professional.  Additionally, the person providing the counseling is to be affiliated with the hospital where the victim was treated for the injury or affiliated with a hospital-based or hospital-linked violence intervention program recognized by the Agency.  Finally, the bill requires that the victim have consented in writing to the entity directly billing the Agency for counseling services.

     Under current law, subject to certain exceptions, the Agency will not provide compensation to a crime victim unless the victim reported the crime to law enforcement within nine months after its occurrence or reasonable discovery. The bill expands this deadline for the limited purposes of the bill, such that direct billing for counseling services provided to a firearm or stabbing victim may be allowed even if the crime was reported after the statutory deadline, provided that the victim was admitted to the hospital for treatment of the injury and the victim consents to the hospital releasing records of the admission to the Agency.

     The Agency is to establish by regulation the maximum amount of compensation that may directly billed pursuant to the bill, which, in any case, may not exceed $1,000 in connection with a given injury.  An entity that directly bills, and receives compensation from the Agency, for counseling services as provided under the bill will be prohibited from billing the victim or any other person or entity in any amount for those same services.