CHAPTER 9VICTIM ASSISTANCE PROGRAM[Prior to 9/20/89, see Public Safety Ch 17]DIVISION IADMINISTRATION619.1(912) Definitions.
"Board" means crime victim assistance board.
"Department" means Iowa department of justice.
"Director" means director of the crime victim assistance division established in the department of justice.619.2(912) Board. 9.2(1) A crime victim assistance board is established pursuant to Iowa Code section 912.2A. 9.2(2) Members of the board shall serve terms for three years and are eligible for reappointment to the board by the attorney general. 9.2(3) The initial term of the board members shall commence on July 1 of the state fiscal year.619.3(912) Expenses. 9.3(1) Board members shall be reimbursed from the victim’s compensation fund for expenses actually and necessarily incurred in the discharge of their duties including attendance at board meetings, board committee meetings, and other activities on behalf of the board as designated by the board chair and approved by the department. Reimbursement for expenses shall conform with guidelines established by the department of revenue. 9.3(2) A member of the board may receive, in addition to actual expense reimbursement, a per diem which conforms with guidelines established by the department of revenue. 9.3(3) Expenses of the board and individual members shall be submitted to the director.619.4(912) Chair of the board. 9.4(1) The attorney general shall select one of the members of the board to serve as chair of the board. The chair shall serve at the pleasure of the attorney general. 9.4(2) A member who is chair of the board and relinquishes or is removed as the chair may maintain board membership for the remainder of the term for which the member was originally appointed.619.5(912) Resignations. 9.5(1) Resignations from the board shall be made to the attorney general. 9.5(2) Whenever a member of the board ceases to have the statutory qualifications for appointment to the board, that member shall be considered to have resigned and a vacancy shall occur on the board. 9.5(3) A board member shall be deemed to have submitted a resignation from the board if any of the following events occur: a. The member does not attend three or more consecutive regular meetings of the board. This paragraph does not apply unless the first and last of the consecutive meetings counted for this purpose are at least 30 days apart. b. The person attends less than one-half of the regular meetings of the board within any period of 12 calendar months beginning July 1. This paragraph applies only to such a period beginning on or after the date when the person is appointed to the board. c. If the member receives no notice and had no knowledge of a regular meeting and gives the attorney general a sworn statement to that effect within ten days after the person learns of the meeting, such meeting shall not be counted for the purposes of this rule. d. The attorney general at the attorney general’s discretion may accept or reject such resignation. If the attorney general accepts it, the attorney general shall notify the member, in writing, that the resignation is accepted pursuant to this rule. The attorney general shall then make another appointment to fill the vacancy.619.6(912) Vacancies. Barring unusual circumstances, vacancies on the board shall be filled within 45 days after the attorney general is advised of the vacancy. Vacancies shall be filled for the remainder of the vacant term.619.7(912) Meetings. The board shall meet a minimum of once per quarter. The board may also meet at the call of the chair or upon the written request to the chair of at least five members of the board.619.8(912) Duties of board. The board shall adopt rules pursuant to Iowa Code chapter 17A relating to the administration of the crime victim assistance division including the adoption of administrative rules relating to the following:
- Administration of grants received under the federal Victims of Crime Act of 1984 pursuant to Pub. L. No.98-473, Title 2, Chapter 14, 42 U.S.C. Section 10601, as amended by the Children’s Justice and Assistance Act of 1986, Pub. L. No.99-401, 100 Stat. 903 and as amended by the Anti-Drug Abuse Act of 1988, Title VII, subtitle D, Pub. L. No.100-690.
- Administration of the Family Violence Prevention and Services Act grant pursuant to the federal Child Abuse Amendments of 1984, Pub. L. No.98-457, 42 U.S.C. Section 10401, reauthorized in 1988, Pub. L. No.100-294.
- Administration of the domestic abuse and rape crisis funds and the Iowa domestic abuse hotline funds provided in Iowa Code chapter 236.
- Administration of other grants or funds available by public law for victim assistance and administered by the department.
- Administration of the victim compensation program provided in Iowa Code chapter 912.
- Administration of sexual abuse examination payments as provided in Iowa Code section 709.10.
- Appeal procedures for victim compensation claims denied by the department.
- Appeal procedures for grants administered by the department and denied by the board.
- Administer other funds, grants, or programs for victim assistance created by public law or the department.
- Provide administrative support to the board.
- Enter into agreements under Iowa Code chapter 28E or other law including agreements with other state agencies and political subdivisions for the transfer to the department of funds authorized by law for victim service programs.
- Accept, use, and dispose of contributions of money, services, and property, which are made available by an agency or department of the state or any of its political subdivisions, the federal government, a private agency, or an individual, that are specifically designated for crime victim assistance programs.
"Affinity" means the relationship of persons who are related by marriage, cohabitation, or engagement to be married.
"Applicant" includes the following individuals who file an application with the crime victim compensation program:
- A victim of a crime as defined in Iowa Code section 915.80.
- A person responsible for the care and maintenance of a victim.
- A resident of Iowa who is the victim of an act that would be compensable had it occurred within the state of Iowa and any of the following apply:
- The act occurred in a state or foreign country that does not have a victim compensation program as defined in the federal law;
- The act occurred in a state or foreign country whose victim compensation program has insufficient or inadequate benefits; or
- The act occurred on an aircraft while in flight or occurred on waters outside of the jurisdiction of any particular state or country.
- In the event of a victim’s death, the spouse, former spouse, child, foster child, parent, legal guardian, foster parent, stepparent, sibling, or foster sibling of a victim, or a person cohabiting with, or otherwise related by blood or affinity to the victim. An estate is not an eligible applicant for crime victim compensation. An estate shall, however, be reimbursed for funeral and burial expenses if the estate paid the costs on behalf of an eligible applicant who shall benefit from the proceeds of the estate.
- A legal representative authorized to act on behalf of any of the persons listed above.
"Board" means the crime victim assistance board of the department of justice.
"Causal relationship" means that the crime would not have occurred without the action of the victim. A causal relationship exists if the actions of the victim result in a foreseeable injury, play a substantial role in the injury, or directly cause the injury.
"Claimant" means an applicant who has been found to be eligible for compensation.
"Cohabiting" means living in the same household. It is not necessary to establish that a sexual relationship exists between the parties.
"Compensation" means moneys awarded by the division as authorized in Iowa Code chapter 915.
"Consent" means to agree to a course of action or to voluntarily allow what is planned or done by another.
"Counseling" means problem solving and support concerning emotional issues that result from a compensable crime. Counseling is a confidential service provided on an individual basis or in a group. Counseling has as a primary purpose to enhance, protect and restore a person’s sense of well-being and social functioning. Counseling does not include victim advocacy services; conversation in a nonprivate setting such as the common area of a shelter or a courthouse; transportation; or attendance at medical procedures, law enforcement interviews or civil and criminal justice proceedings.
"Crime" as defined in Iowa Code section 915.80 includes:
- Conduct punishable as a misdemeanor or a felony.
- Property crimes including but not limited to robbery, residential burglary, and residential arson, where there is a threat of personal injury or harm against a person.
- Violation of a custody order in which the custodial parent suffers injury.
"Denial" means disqualification of an application or reduction in the amount of compensation paid.
"Department" means the department of justice, i.e., the attorney general’s office.
"Dependent" means a person who is wholly or partially reliant upon a victim for care or support and includes a child of the victim born after the victim’s death, or a person who is unable to care for himself or herself due to injury, disability, or minor age status.
"Director" means the director of the crime victim assistance division established in the department of justice.
"Division" means the crime victim assistance division of the department of justice.
"Incitement" means to urge forward or to goad to action.
"Lost wages or income,” “lost income," "lost wages" means the gross rate of pay, decreased by 25 percent.
"Medical care" means services provided by or provided under the supervision of a person licensed under Iowa law as a medical physician or surgeon, osteopathic physician or surgeon, chiropractor, podiatrist, physical therapist, acupuncturist, or dentist. Medical care also includes services rendered in accordance with a method of healing sanctioned by a federally recognized sovereign nation or tribe.
"Medically necessary" means that the items and services prescribed or recommended by a medical provider under the prescriptive authority of the medical provider’s license are reasonably necessary to facilitate the victim’s physical and emotional recovery from the compensable crime.
"Pecuniary loss" means the amount of medical or medical-related expenses and shall include, but not be limited to, eyeglasses, hearing aids, dentures, prosthetic devices including those which were taken, lost, or destroyed during the crime, home health care, medications, counseling, pregnancy-related services, equipment rental or purchase, property alteration, transportation for emergencies and medical care provided outside the victim’s county of residence, or health insurance premiums covered by an employer previous to the victim’s disability from the crime. Pecuniary loss shall also include the loss of income that the victim has incurred as a direct result of the injury to the extent that the victim has not been and shall not be indemnified from any other source.
"Personal injury" "injury" means bodily harm or mental suffering and shall include a victim’s pregnancy or miscarriage resulting from a crime.
"Program" means the crime victim compensation program of the department of justice.
"Provocation" means to cause anger, resentment, or deep feelings that cause or instigate another to take action.
"Public funds" means moneys provided by federal, state, county, city or other local government.
"Reasonable charges" means charges ordinarily charged by the provider of the service to the general public for services of a similar nature.
"Residence" means a property on which an applicant lives and may include but is not limited to a dwelling, detached garage, shed, or similar structure located on the property, or a privately owned vehicle if the vehicle serves as the primary residence.Related ARC(s): 4571C619.27(915) Duties of the division. The duties of the division shall include, but not be limited to, the duties provided for in Iowa Code sections 13.31 and 915.83, as well as:
- To prepare appropriate forms for the filing and processing of compensation applications.
- To conduct an administrative review of claims when a request for reconsideration is filed by an applicant with the director.
- To receive moneys bequeathed, awarded, or donated to the crime victim assistance division by a public or private organization or individual.
"Applicant" means a public or private nonprofit program that provides direct services to crime victims or training and technical assistance to crime victim service providers and that makes a request for funds from the victim services grant program.
"Application" means a request which complies with federal and state requirements for funds from the following funding streams:
- The federal Victims of Crime Act.
- The state domestic and sexual abuse program funds provided for in Iowa Code chapter 236.
- The federal Family Violence Prevention and Services Act.
- The federal Violence Against Women Act.
- Other grants or funds available by law for crime victim assistance.
"Board" means the crime victim assistance board.
"Competitive grant" means a grant for which the division solicits a request for proposals (RFP) from eligible applicants, reviews the applications for eligibility and completeness, and then convenes a grant review committee to recommend grant awards to the crime victim assistance board.
"Crime victim center" means a crime victim center as defined in Iowa Code section 915.20A(1).
"Department" means the Iowa department of justice.
"Director" means director of the crime victim assistance division of the Iowa department of justice.
"Division" means the crime victim assistance division of the Iowa department of justice.
"Focus grant" means a one-time grant for specific activities, including but not limited to training, travel, or materials, awarded at the discretion of the division directly to a program that has received a competitive grant in the fiscal year.
"Funding stream" means a distinct source of federal or state funding available for grants.
"Grant" means a competitive or focus grant award to a local or statewide government or private nonprofit agency.
"Grantee" means a local or statewide government or private nonprofit agency that is awarded or receives funds from the crime victim assistance division.
"Grant review committee" means a division committee designated to review grant applications.
"Justice support" means duties performed in the justice system related to investigation, prosecution, or disposition of a criminal case that assist or inform a victim of crime.
"Program" means the victim services grant program of the Iowa department of justice.
"RFP" means request for proposals.
"Victim" means a crime victim as defined in Iowa Code section 915.80.619.52(13) Program description. Any eligible local or statewide government or private nonprofit agency or a combination thereof may apply for and receive a grant through the program. The program shall operate as a competitive and focus grants program and be administered by the department. A contractual agreement specifying the terms of the grant award shall be executed between the department and the approved applicant.619.53(13) Availability of grants. In any year in which federal or state funds are available, the division shall administer grants with eligible applicants. The amount of the funds awarded shall be contingent upon the funds available. The director shall announce the opening of an application period through public notice including but not limited to notice to current grantees and other eligible agencies identified by the program. Applications must be received by the designated due date. 9.53(1) Competitive grants will be awarded based on the availability of funds, history and demonstration of quality of services provided, compliance with the requirements of the division, number of victims served or cases investigated and prosecuted, population served, and geographical distribution of funds in the state. A preference shall be given to continued funding of successful grantees. 9.53(2) Focus grants will be awarded at the discretion of the director and of the deputy attorney general who oversees the division. Funds utilized for focus grants must comply with all applicable state and federal rules and regulations. The total of focus grants from one funding source may not exceed 3 percent of the funds available from the funding source in one state fiscal year.619.54(13) Application requirements. Applicants shall submit applications to: Crime Victim Assistance Division, Iowa Department of Justice, 321 East 12th Street, Lucas State Office Building, Ground Floor, Des Moines, Iowa 50319. Applications shall be in the form prescribed by the division and shall be available upon request to all interested parties. 9.54(1) To be included in the review process and considered for funding, an application shall be received in the offices of the division by 4:30 p.m.on the due date. Applications may be delivered to the division during regular business hours anytime prior to the deadline. An extension of the filing deadline may be requested of the director or grant administrator prior to the deadline and may be granted for good cause. The determination of a good cause extension by the division director shall be final. 9.54(2) An applicant shall have on file with the division current copies of the applicant’s table of organization and articles of incorporation as required. 9.54(3) An applicant shall have on file with the division evidence of any insurance coverage the applicant carries for liability or property. 9.54(4) The division may allow combined applications from two or more agencies if a combined application will encourage cooperation between those agencies on behalf of crime victims. Each agency receiving funds under a combined application shall sign a grant contract for the use of awarded funds.619.55(13) Contents of application. Each application shall contain the following information: 9.55(1) A paragraph describing the agencies or units of government requesting the funds. 9.55(2) A description of services for which funding is being requested. The description shall include, but not be limited to, the following: a. The geographical area to be served. b. The crime victim population to be served. c. Victim eligibility requirements for the applicant’s services. d. A description of substantial financial support from other sources. e. The intended use of volunteers, if any. f. The stated goals and objectives of the program. g. A description of the proposed victim service, training, or technical assistance to be implemented during the funding year. h. The amount of grant funds requested. i. The amount of cash or in-kind resources or combination thereof which is committed where required by the division. j. A description of how the proposed victim service, training, or technical assistance will provide or improve services to victims of crime. k. Proof of coordination with appropriate agencies at the local level. l. A total program budget for all services provided by the applicant’s crime victim program. m. A proposed budget for the requested grant funds. n. A list of other anticipated sources of income, including written commitments, if possible, and plans for continued funding of the grant-funded activities. o. Other information identified in the RFP. p. Signed certified assurances as required by statute or regulation.619.56(13) Eligibility requirements. Funds must be used only to provide victim services, or justice support to victims of crime, and training or technical assistance to victim service providers and allied professionals. Program grants shall not be used to supplant other available or mandated funds. An applicant must meet the following requirements: 9.56(1) The applicant shall be a public agency or private nonprofit organization, or combination thereof, that provides services to crime victims or training and technical assistance to victim service providers and allied professionals. 9.56(2) The applicant shall provide services to victims of crime through crime victim centers, law enforcement officers, prosecutors, and other allied professionals. Services provided to victims by crime victim centers shall include but are not limited to crisis intervention, law enforcement and court advocacy, group and individual follow-up counseling, transportation, and information and referral. 9.56(3) An applicant providing services to victims of domestic abuse must also provide or arrange safe shelter for victims and their children when needed at no cost to the victims. To ensure staff training and best practice standards, preference will be given to domestic abuse programs certified by the Iowa Coalition Against Domestic Violence. 9.56(4) An applicant providing services to victims of sexual abuse must also provide support to victims at the time of an evidentiary sexual abuse examination. To ensure staff training and best practice standards, preference will be given to sexual abuse programs certified by the Iowa Coalition Against Sexual Assault. 9.56(5) The applicant shall promote within the community a coordinated public and private effort to assist victims. 9.56(6) The applicant shall be an equal-opportunity employer and provide services on an equal-opportunity basis. 9.56(7) The applicant shall comply with applicable federal and state statutes and rules, all requirements specified in the grant between the department and any outside funding source, and all requirements in the RFP or any other contractual document. 9.56(8) The applicant shall assist victims in seeking state compensation benefits. 9.56(9) The applicant shall have a grievance procedure established for victims, employees and volunteers. 9.56(10) The applicant shall ensure that all employees and volunteers of crime victim centers that provide direct services to victims are trained as victim counselors as defined in Iowa Code section 915.20A. 9.56(11) The applicant shall provide services within the geographical service area without regard to a victim’s ability to pay. 9.56(12) An existing program must document results of prior programming that demonstrate that the needs of victims have been met effectively and that the applicant has financial support from other sources.619.57(13) Selection process. The division shall conduct a preliminary review of each application to ensure that the applicant is eligible, the application is complete, and the proposed victim service, training or technical assistance is consistent with the division’s mission of providing quality assistance to crime victims and crime victim programs throughout the state. 9.57(1) In selection of competitive grantees, the division may utilize generally accepted methods of grant review including but not limited to checklists, quality scales, written comments by grant review committee members, and formulas based on past funding, population, clients served and available funds. 9.57(2) In selection of competitive grantees, the division shall establish a grant review committee. The committee shall submit recommendations for grant awards to the director. The director shall submit to the board the recommendations of the grant review committee and any alternative recommendations by the program staff. a. The committee shall be comprised of representatives from the crime victim assistance board and experts in the fields of victim services, grant administration and management, and criminal justice. b. The division shall provide the committee with information related to the applicant’s performance with previous grants, the quality and quantity of services provided, and community support for the applicant. c. The committee shall review the content of the grant applications and information provided by the division and members of the committee regarding the applicant and the geographical area to be served. 9.57(3) The board shall consider the recommendations of the grant review committee and the director to determine final competitive grant awards to the extent that funds are available and to the extent to which applications meet the RFP criteria. The board may reject any or all applications. 9.57(4) In selection of grantees for a focus grant, a written proposal shall be solicited from current grantees. Interested grantees shall submit a proposal to the director outlining the purpose, cost, and outcome of the proposed grant. The director shall submit a recommendation to the deputy attorney general for criminal justice who shall make a final decision based on the availability of funds and the merits of the proposal.619.58(13) Notification of applicants. An applicant shall be notified within 90 days after the application due date whether the application has been denied or approved by the board and the amount of funds approved for the application.619.59(13) Request for reconsideration. 9.59(1) An applicant may file with the board a request for reconsideration of the denial or of the amount of an award. The request for reconsideration must be submitted within ten working days of the date the notice of decision is mailed or otherwise issued by the director to the grantee. The request must state grounds for reconsideration. The board or a committee designated by the board chairperson shall review the request in a timely manner. A decision of the board or designated committee shall constitute final agency action. 9.59(2) At the time a request for reconsideration is received by the director, notice that a request for reconsideration has been filed shall be sent to all approved applicants whose funds may be affected by the request. 9.59(3) Funds shall not be disbursed pending a request for reconsideration to the extent that the funds are affected by the outcome of the request. Every applicant that would be adversely affected shall be notified if a request for reconsideration is approved, and grant awards shall be reduced as necessary.619.60(13) Contract agreement. 9.60(1) A contract shall be negotiated by the department and the applicant. 9.60(2) Prior to entering into a contract, the department or the board may require modification of the proposed program, submission of further information or documents, or other stipulation of the applicant. The required modification, information, document, or stipulation shall be specified in the notification of grant award. 9.60(3) The applicant or the department may request a modification of the program budget to reflect the amount, expenses and activities allowed by the grant award. Both parties must agree to any modification of the grantee program budget. 9.60(4) In the event of a state, federal, or other audit, the grantee shall be responsible for the audit and liable for payment of any funds required to conduct the audit, to compensate for any grant disallowance, or to repay any funds received or spent contrary to the contract, these rules, or applicable law. 9.60(5) Funds shall be spent to meet the program proposals as provided in the contract. Expenditures shall be reimbursed pursuant to regular reimbursement procedures of the state of Iowa. 9.60(6) The grantee shall sign the certified assurances for the grant program at the time of application and at any time requested by the division. 9.60(7) Nothing in these rules shall be construed as limiting the remedies available to the state or the program for improper use of grant funds or other breach of the grantee’s duties under the contract and applicable law.619.61(13) Performance reports. Performance reports shall be submitted to the division from all grantees. Failure to submit reports by the due date shall result in suspension of financial payments to the grantee by the program until such time as the report is received. Delinquent or inadequate reports from prior grants may detrimentally influence the award of grants for the following year.619.62(13) Termination. Contracts may be terminated for the following reasons: 9.62(1) Termination by grantee. The grantee may terminate the contract at any time during the contract period by providing notice to the division. 9.62(2) Termination by department. The department may terminate a contract upon a ten-day notice when the grantee or any of its subcontractors fail to comply with the grant award stipulations, standards or conditions. The department may terminate a contract when there is a reduction of funds by executive order or otherwise. 9.62(3) Termination for cause. If the grantee fails to fulfill its obligations under the agreement properly or on time, or otherwise violates any provision of the agreement, the board may terminate the agreement by written notice to the grantee. The notice shall specify the acts or omissions relied on as cause for termination. All finished or unfinished products and services provided by the grantee shall, at the option of the department, become state property. The department shall pay the grantee fair and equitable compensation for satisfactory performance prior to receipt of notice of termination minus any funds owing to the department, e.g., damages for breach, improperly spent funds.619.63(13) Financial statement supplied. Within 45 days of the termination, the grantee shall supply the department with a financial statement detailing all costs incurred up to the effective date of the termination.619.64(13) Indemnification. The grantee shall defend, indemnify, and hold harmless the state of Iowa, its officers, agents and employees and any of the state’s federal funding sources for:
- Grantee’s performance or nonperformance of a contract entered into or violation of these rules.
- Grantee’s activities with subcontractors and all other third parties, or any other act or omission by a grantee, its agents, officers, and employees.
"Administration" means administrator of the crime victim assistance program established in the department of justice.
"Board" means crime victim assistance board.
"Department" means the Iowa department of justice.
"Eligible claimant" means a medical provider that provides a sexual abuse examination to a sexual assault victim. The following are eligible to file a claim with the crime victim assistance program in the event that they have made payment to a medical provider for the costs of a sexual abuse examination:
- A victim of sexual abuse.
- A person responsible for the maintenance of a sexual abuse victim.
- A dependent of a victim who has died as a result of injuries sustained in a sexual assault.
- The guardian of a sexual abuse victim.
"Reasonable charges" means those ordinarily charged by the provider of the service to the general public for services of a similar nature.
"Sexual abuse" means sexual abuse as defined in Iowa Code sections 709.1 and 726.2.
"Sexual abuse examination" means a medical examination provided to a woman, man, or child to collect evidence of sexual abuse victimization of that person as defined in Iowa Code sections 709.1 and 726.2 and provide treatment for the prevention of sexually transmitted disease pursuant to Iowa Code section 915.41. When applicable, the provider of a sexual abuse examination shall file a child abuse report with the Iowa department of human services as required by Iowa Code section 232.70.619.82(915) Application for sexual abuse examination payment. 9.82(1) Consideration for payment. The department will consider payment upon receipt of a claim for reimbursement from a medical provider indicating that the claim is for the collection of evidence by sexual abuse examination. In the case that a victim, guardian of a victim, person responsible for the victim, or dependent of a victim who died of injuries sustained in a sexual assault has paid part or all of the charges incurred, a copy of the provider bill and documentation of personal payment of the bill must be submitted for reimbursement. An application for sexual abuse examination payment must include the federal identification number or social security number of the claimant. 9.82(2) Application filing. To apply for payment under the sexual abuse examination program, the form or bill submitted must identify the sexual assault victim by name, birth date, and patient number, indicate that the claim is for a sexual abuse examination, and itemize all services rendered and the fee for each service.619.83(915) Computation of sexual abuse examination payments. 9.83(1) Payment for examination. The department shall make payment for sexual abuse examinations, as appropriate, for services including, but not limited to: a. Examiner’s fee: (1) To collect the patient’s medical history; (2) To conduct a physical examination; (3) To collect laboratory specimens; (4) To test for sexually transmitted diseases. b. Treatment for the prevention of sexually transmitted disease. c. Examination facility, including: (1) Emergency room, clinic room or office room fee; (2) Pelvic tray and medically required supplies; (3) Additional facility or equipment fees which the department determines to be reasonable. d. Laboratory collection and processing of specimens for: criminal evidence; sexually transmitted disease; and pregnancy testing. 9.83(2) Provider payment. The department will pay up to $300 for the examination facility and up to $200 for examiner fees. Any charges in excess of these amounts will require additional documentation from the provider. The department shall set reasonable payment limits for treatment, including prescription drugs, for the prevention of sexually transmitted diseases and for laboratory collection and processing of specimens. The crime victim assistance program will pay only those charges determined by the department to be reasonable and fair. 9.83(3) Examination kits available at no cost. The Iowa department of public safety division of criminal investigation makes sexual abuse examination kits available to health care providers at no cost.Related ARC(s): 4571C619.84(915) Victim responsibility for payment. A victim of sexual abuse is not responsible for the payment of the costs of a sexual abuse examination determined to be eligible for payment by the department. A medical provider must not submit any costs associated with a sexual abuse examination to a victim’s insurance or to the sexual abuse victim. A medical provider must not submit any remaining balance to the sexual abuse victim after the sexual abuse examination program has determined payment.Related ARC(s): 4571C619.85(915) Sexual abuse examination—right to restitution. In all criminal cases under Iowa Code chapter 709 and sections 726.2 and 710.2 in which there is a plea of guilty, verdict of guilty, or special verdict upon which a judgment of conviction is rendered, restitution may be ordered from the offender to the crime victim assistance program for the cost paid by the department for a sexual abuse examination rendered to the victim of that crime pursuant to Iowa Code section 910.2.619.86(915) Erroneous or fraudulent payment—penalty. If a payment or overpayment of a reparation is made because of clerical error, mistaken identity, innocent misrepresentation by or on behalf of the recipient, or other circumstances of a similar nature, not induced by fraud by or on behalf of the recipients, the recipient is liable for repayment of the reparation. However, if the department does not notify the recipient of the erroneous payment or overpayment within one year of the date of payment, the recipient is not responsible for repayment to the department.If a payment or overpayment has been induced by fraud by or on behalf of a recipient, the recipient is liable for repayment to the department.619.87(915) Right to appeal. An eligible claimant who disagrees with the department’s decision concerning payment or amount of payment has the right to request reconsideration of that decision by the crime victim assistance board. The request for reconsideration must be received by the department within 60 days after the decision of the department is mailed.Rules 9.80(915) to 9.87(915) are intended to implement Iowa Code section 915.41.Related ARC(s): 4571C