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The law creating the program
says it offers lifetime expenses for
"medically necessary and
reasonable medical and hospital, habilitative and training, family residential
or custodial care, professional residential, and custodial care and service, for
medically necessary drugs, special equipment, and facilities, and for related
travel."
"Family residential or
custodial care" means care normally rendered by trained professional attendants
which is beyond the scope of child care duties, but which is provided by family
members. Family members who provide nonprofessional residential or custodial
care may not be compensated under this act for care that falls within the scope
of child care duties and other services normally and gratuitously provided by
family members. Family residential or custodial care shall be performed only at
the direction and control of a physician when such care is medically necessary.
Reasonable charges for expenses for family residential or custodial care
provided by a family member shall be determined as follows:
(a) If the family member is not employed, the per-hour value equals the federal
minimum hourly wage.
(b) If the family member is employed and elects to leave that employment to
provide such care, the per-hour value of that care shall equal the rates
established by Medicaid for private duty services provided by a home health
aide. A family member or a combination of family members providing care in
accordance with this definition may not be compensated for more than a total of
10 hours per day. Family care is in lieu of professional residential or
custodial care, and no professional residential or custodial care may be awarded
for the period of time during the day that family care is being provided."
Parents may
also recover compensation for themselves of a one time cash award of up to
$100,000, the sum of $10,000 for death benefits if the child dies, and attorneys
fees and expenses for an attorney assisting the family in obtaining NICA
benefits.
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This site contains
only general background information and is not intended to
constitute specific legal advice or establish an attorney/client
relationship. Malpractice laws vary from state to state and are
constantly changing. If you think you may have a malpractice case
you should promptly contact a lawyer in your state with experience
in handling malpractice cases.
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