Bill Text: NY A00708 | 2017-2018 | General Assembly | Introduced
Bill Title: Permits hospitals which receive from a sexual assault crime victim an assignment of the victim's crime victims board award for hospital care expenses to file a claim for such expenses directly with the crime victims board and receive payment of that part of the victim's award directly; provides that such mode of payment shall not relieve any insurer of its coverage obligation to the victim and that hospital not bill the patient for such amount it receives.
Sponsorship: Partisan Bill (Democrat 6)
Status: (Introduced - Dead) 2018-01-03 - referred to governmental operations [A00708 Detail]
Download: New_York-2017-A00708-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 708 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. COLTON, COOK, ENGLEBRIGHT, HOOPER, JAFFEE -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to authorizing hospitals to file an assigned claim for hospital expenses of sexual assault victims directly with the crime victims board with protections The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 625 of the executive law, as 2 amended by section 10 of part A-1 of chapter 56 of the laws of 2010, is 3 amended to read as follows: 4 1. A claim may be filed by a person eligible to receive an award, as 5 provided in section six hundred twenty-four of this article, or, if such 6 person is under the age of eighteen years, an incompetent, or a conser- 7 vatee, by his relative, guardian, committee, conservator, or attorney. 8 A claim may be filed by a general hospital and such claim may be paid 9 directly to the general hospital for the portion of a crime victims 10 board award attributable to hospital care expenses incurred by a sexual 11 assault crime victim who has assigned the proceeds of such portion of 12 his or her award to the general hospital. In the event a general hospi- 13 tal files and receives payment of such a claim, it shall not bill the 14 victim for the amount it has been paid. The payment to a general hospi- 15 tal of an assigned sexual assault crime victim's award as herein author- 16 ized shall not be considered a collateral source payment and shall not 17 relieve any insurer of any contractual or insurance obligation it has to 18 pay such expenses. If such obligation exists and if payment has already 19 been made to the general hospital by the crime victims board, the insur- 20 er shall make payment directly to the sexual assault crime victim in the 21 amount of its obligation instead of to the general hospital. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06326-01-7A. 708 2 1 § 2. Subdivision 2 of section 625 of the executive law, as amended by 2 section 10 of part A-1 of chapter 56 of the laws of 2010, is amended to 3 read as follows: 4 2. A claim must be filed [by the claimant] not later than one year 5 after the occurrence or discovery of the crime upon which such claim is 6 based, one year after a court finds a lawsuit to be frivolous, or not 7 later than one year after the death of the victim, provided, however, 8 that upon good cause shown, the office may extend the time for filing. 9 The office shall extend the time for filing [where the claimant received10no] claims when there is a lack of notice pursuant to section six 11 hundred twenty-five-a of this article and [had no] a lack of knowledge 12 of eligibility pursuant to section six hundred twenty-four of this arti- 13 cle. 14 § 3. This act shall take effect immediately.
