(a) Eligibility.--

(1) Subject to subsection (b), the office shall provide, for an individual who is a direct victim of sexual abuse, counseling services related to the sexual abuse. Payment shall be made directly to the health care provider that provides the services from the Crime Victim's Compensation Fund. The office shall determine the form and manner for receiving payment under this paragraph.

(2) Eligibility under paragraph (1) is not affected by an adverse determination under section 704(c) or 707(a) of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.

(b) Value of services.--

(1) The total value of services under subsection (a)(1) shall not exceed:

(i) $5,000 if the individual was, at the time of the sexual abuse, 18 years of age or older; and

(ii) $10,000 if the individual was, at the time of the sexual abuse, under 18 years of age.

(2) The value of services under subsection (a)(1) shall be reduced by the amount of any of the following payments received or to be received by the individual for counseling subject to subsection (a) as a result of the sexual abuse:

(i) Payment by the individual who committed the sexual abuse.

(ii) Payment under an insurance program or a health and welfare program. This subparagraph includes a program mandated by law.

(iii) Payment under a contract of insurance in which the individual is the beneficiary.

(iv) Payment from public funds.

(v) Payment under a pension program. This subparagraph includes a program providing for disability or survivor's benefits.

(vi) Payment by a party alleged to be responsible in whole or in part for the sexual abuse, without regard to the party's criminal culpability.

(vii) Payment made under the Crime Victims Act.

(c) Cooperation.--

(1) Health care providers and insurers shall respond in writing to a request by the office for information related to this section within 30 days of receipt of the request.

(2) Commonwealth agencies shall cooperate with the office for information related to this section.

(3) A person that fails to respond to a request under paragraph (1) shall be subject to a penalty of not more than $50 per day, up to and including the date of compliance. The office may enforce this paragraph. The office may utilize revenue under this paragraph to implement this section or to assist local victim service agencies.

(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Counseling services." Mental health therapy performed by or under the supervision of a health care provider.

"Direct victim." An individual against whom a crime has been committed or attempted and who as a direct result of the criminal act or attempt suffers physical or mental injury.

"Health care provider." Any of the following:

(1) A psychiatrist.

(2) An individual licensed under the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act.

(3) A licensed professional counselor, as defined in section 3 of the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act.

(4) A licensed social worker, as defined in section 3 of the Social Workers, Marriage and Family Therapists and Professional Counselors Act.

"Office." The Office of Victims' Services in the Pennsylvania Commission on Crime and Delinquency.

"Sexual abuse." Conduct which occurs in this Commonwealth and would constitute an offense under any of the following provisions of 18 Pa.C.S. (relating to crimes and offenses):

Section 3011(b) (relating to trafficking in individuals).

Section 3012 (relating to involuntary servitude) as it relates to sexual servitude.

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual intercourse).

Section 3124.1 (relating to sexual assault).

Section 3124.2 (relating to institutional sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3127 (relating to indecent exposure).

Section 4302 (relating to incest).

Section 6312 (relating to sexual abuse of children).

(Nov. 26, 2019, P.L.641, No.87, eff. Nov. 26, 2019)

2019 Amendment. Act 87 added section 9730.3. See sections 8.2 and 9 of Act 87 in the appendix to this title for special provisions relating to transfer of funds and severability.