Maine Revised Statutes Title 5 Sec. 3360-D – Claims
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1. Submission of claims. Claims are submitted to the board as follows.
A. Claims must be in writing. [PL 1999, c. 360, §5 (AMD); PL 1999, c. 360, §9 (AFF).]
B. Claims must specify the date, the nature and circumstances of the crime and the law enforcement agency to which the crime was reported. [PL 1991, c. 806, §3 (NEW).]
C. Claims must include documentation of all eligible expenses and losses for which the claimant seeks compensation, including but not limited to medical reports, records and bills, funeral bills and employment records when lost wages are sought. [PL 1991, c. 806, §3 (NEW).]
D. Claims must include records related to insurance, workers’ compensation, federal and state entitlement and assistance programs. [PL 1991, c. 806, §3 (NEW).]
[PL 1999, c. 360, §5 (AMD); PL 1999, c. 360, §9 (AFF).]
Terms Used In Maine Revised Statutes Title 5 Sec. 3360-D
- Crime: means one of the following:
A. See Maine Revised Statutes Title 5 Sec. 3360Eligible expenses and losses: means expenses and losses resulting from a personal injury sustained by an individual as a direct result of a crime specified in subsection 3 and may include medical and medically related expenses, psychological or mental health counseling expenses, lost wages, funeral, burial and other homicide-related expenses and travel expenses and loss of income of a claimant or family member for providing or obtaining care for the personal injury of a minor or incapacitated victim. See Maine Revised Statutes Title 5 Sec. 3360 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
2. Release of records. A signed application for benefits under this chapter is effective under state law to authorize the release of health care, mental health, employment and wage information pertinent to the claim. Additionally, the claimant shall provide the board with other information or the release of such other information as the board determines is reasonably necessary to decide the claim.
Upon request of the board pursuant to the claimant’s application for compensation, health care providers and health plans, insurers or other persons who pay or discharge the costs of health care must submit directly to the board any information that is required to support a claimant’s application or that is necessary to process a claim for payment.
[PL 2003, c. 243, §5 (AMD).]
3. Forms. The board may provide forms for the submission of claims and claims information.
[PL 1997, c. 378, §7 (AMD).]
4. Confidentiality. All records and information obtained by or in the possession of the Department of the Attorney General concerning an application for or an award of compensation under this chapter are confidential and may not be disclosed. However, the Attorney General may provide access to those records and information to the board for use in the board’s official duties; those records and information remain confidential in the possession of the board. The records or information may, at the sole discretion of the Attorney General or designee of the Attorney General, be disclosed to:
A. Law enforcement officers to assist them with the discharge of their official duties; [PL 1997, c. 378, §8 (NEW).]
B. The courts and the Department of Corrections to provide them with information to assess, collect and disburse restitution; [PL 1997, c. 378, §8 (NEW).]
C. A claimant who has requested a hearing before the board or who has appealed a final decision of the board; and [PL 1997, c. 378, §8 (NEW).]
D. Other persons to carry out the purposes of this chapter. [PL 1997, c. 378, §8 (NEW).]
[PL 1997, c. 378, §8 (NEW).]
SECTION HISTORY
PL 1991, c. 806, §3 (NEW). PL 1997, c. 378, §§7,8 (AMD). PL 1999, c. 360, §§5,6 (AMD). PL 1999, c. 360, §9 (AFF). PL 2003, c. 243, §5 (AMD).