BILL REQ. #:  H-4563.2 

READ FIRST TIME 02/03/10.   

     AN ACT Relating to benefits for mental health services under the crime victims' compensation program; amending RCW 7.68.130; and adding a new section to chapter 74.09 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 74.09 RCW to read as follows:
     (1) If a victim injured as a result of a criminal act has been qualified for receiving benefits for mental health services under the crime victims' compensation program under chapter 7.68 RCW, the person may continue to receive appropriate mental health services from his or her current mental health treatment provider after becoming eligible for medical assistance or medical care services under this chapter. The treatment provider must be licensed or certified and in good standing under Title 18 RCW.
     (2) Initial payment for mental health services provided in subsection (1) of this section shall be paid to the provider by the crime victims' compensation program under chapter 7.68 RCW. The department shall reimburse the crime victims' compensation program as provided in subsection (3) of this section.
     (3) If the injured victim in subsection (1) of this section is a medicaid assistance client, and federal financial participation is not available, the department shall reimburse the crime victims' compensation program with state funds only to assist in providing continuity of mental health treatment to the victim. Reimbursement shall be set at the applicable medical assistance or medical care services payment rate.

Sec. 2   RCW 7.68.130 and 1995 c 33 s 3 are each amended to read as follows:
     (1) Benefits payable pursuant to this chapter shall be reduced by the amount of any other public or private insurance available, less a proportionate share of reasonable attorneys' fees and costs, if any, incurred by the victim in obtaining recovery from the insurer. Calculation of a proportionate share of attorneys' fees and costs shall be made under the formula established in RCW 51.24.060. The department or the victim may require court approval of costs and attorneys' fees or may petition a court for determination of the reasonableness of costs and attorneys' fees.
     (2) Benefits payable after 1980 to victims injured or killed before 1980 shall be reduced by any other public or private insurance including but not limited to social security.
     (3) Payment by the department under this chapter shall be secondary to other insurance benefits, notwithstanding the provision of any contract or coverage to the contrary. In the case of private life insurance proceeds, the first forty thousand dollars of the proceeds shall not be considered for purposes of any reduction in benefits.
     (4) The crime victims' compensation program shall be the primary payer for mental health services provided to a medical assistance or medical care services client, if that client is a crime victim who qualifies for mental health treatment under this chapter and has established a relationship with a treatment provider prior to obtaining medical assistance or medical care services benefits. The program shall receive full reimbursement under section 1 of this act.
     (5) For the purposes of this section, the collection methods available under RCW 7.68.125(4) apply.