63M-7-521.5.  Payments to medical service providers.

(1) 

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Terms Used In Utah Code 63M-7-521.5

  • Board: means the Crime Victim Reparations and Assistance Board created under Section 63M-7-504. See Utah Code 63M-7-502
  • Claimant: means any of the following claiming reparations under this part:
(a) a victim;
(b) a dependent of a deceased victim; or
(c) an individual or representative who files a reparations claim on behalf of a victim. See Utah Code 63M-7-502
  • Office: means the director, the reparations and assistance officers, and any other staff employed for the purpose of carrying out the provisions of this part. See Utah Code 63M-7-502
  • Person: means :Utah Code 68-3-12.5
  • Reparations award: means money or other benefits provided to a claimant or to another on behalf of a claimant after the day on which a reparations claim is approved by the office. See Utah Code 63M-7-502
  • Reparations claim: means a claimant's request or application made to the office for a reparations award. See Utah Code 63M-7-502
  • Service provider: means an individual or agency who provides a service to a victim for a monetary fee, except attorneys as provided in Section 63M-7-524. See Utah Code 63M-7-502
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Victim: means an individual who suffers bodily or psychological injury or death as a direct result of:
    (i) criminally injurious conduct; or
    (ii) the production of pornography in violation of Section 76-5b-201 or 76-5b-201. See Utah Code 63M-7-502
  • Writing: includes :Utah Code 68-3-12.5
  • (a)  Except as provided in Subsection (2), a medical service provider who accepts payment from the office shall agree to accept payments as payment in full on behalf of the victim or claimant and may not attempt to collect further payment from the victim or the claimant for services for which the office has made payment.

    (b)  In the event the office is unable to make full payment in accordance with the office’s rules, the medical service provider may collect from the victim or claimant, but not more than the amount the provider would have received from the office.
  • (2) 

    (a)  When a medical service provider receives notice that a reparations claim has been filed, the medical service provider may not, before the office determines whether to issue a reparations award, engage in debt collection for the claim, including:

    (i)  repeatedly calling or writing to a victim and threatening to refer unpaid health care costs to a debt collection agency, attorney, or other person for collection; or

    (ii)  filing for or pursuing a legal remedy for payment of unpaid health care costs.

    (b)  The statute of limitations for collecting a debt is tolled during the time in which a request for a reparations award is being reviewed by the office.

    (3)  The office may:

    (a)  use the fee schedule utilized by the Utah Public Employees Health Plan or any other fee schedule adopted by the board; and

    (b)  make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to implement the fee schedule adopted in accordance with this section.

    Amended by Chapter 149, 2020 General Session