Section 13957.2 Of Article 4. Scope Of Compensation From California Government Code >> Division 3. >> Title 2. >> Part 4. >> Chapter 5. >> Article 4.
13957.2
. (a) The board may establish maximum rates and service
limitations for reimbursement of medical and medical-related services
and for mental health and counseling services. The adoption,
amendment, and repeal of these service limitations and maximum rates
shall not be subject to the rulemaking provision of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1). An informational copy of the service limitations
and maximum rates shall be filed with the Secretary of State upon
adoption by the board. Any reduction in the maximum rates or service
limitations shall not affect payment or reimbursement of losses
incurred prior to three months after the adoption of the reduction. A
provider who accepts payment from the program for a service shall
accept the program's rates as payment in full and shall not accept
any payment on account of the service from any other source if the
total of payments accepted would exceed the maximum rate set by the
board for that service. A provider shall not charge a victim or
derivative victim for any difference between the cost of a service
provided to a victim or derivative victim and the program's payment
for that service. To ensure service limitations that are uniform and
appropriate to the levels of treatment required by the victim or
derivative victim, the board may review all claims for these services
as necessary to ensure their medical necessity.
(b) The board may request an independent examination and report
from any provider of medical or medical-related services or
psychological or psychiatric treatment or mental health counseling
services, if it believes there is a reasonable basis for requesting
an additional evaluation. The victim or derivative victim shall be
notified of the name of the provider who is to perform the evaluation
within 30 calendar days of that determination. In cases where the
crime involves sexual assault, the provider shall have expertise in
the needs of sexual assault victims. In cases where the crime
involves child abuse or molestation, the provider shall have
expertise in the needs of victims of child abuse or molestation, as
appropriate. When a reevaluation is requested, payments shall not be
discontinued prior to completion of the reevaluation.
(c) Reimbursement for any medical, medical-related, or mental
health services shall, if the application has been approved, be paid
by the board within an average of 90 days from receipt of the claim
for payment. Payments to a medical or mental health provider may not
be discontinued prior to completion of any reevaluation. Whether or
not a reevaluation is obtained, if the board determines that payments
to a provider will be discontinued, the board shall notify the
provider of their discontinuance within 30 calendar days of its
determination.