Bill Text: NY A02261 | 2023-2024 | General Assembly | Introduced

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Bill Title: Increases certain monetary limits under the comprehensive motor vehicle insurance reparations (No-fault) act; includes additional non-medical expenses.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-01-03 - referred to insurance [A02261 Detail]

Download: New_York-2023-A02261-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2261

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2023
                                       ___________

        Introduced  by M. of A. SEPTIMO -- read once and referred to the Commit-
          tee on Insurance

        AN ACT to amend the insurance law, in relation to    increasing  certain
          monetary limits under the comprehensive  motor vehicle insurance repa-
          rations act

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs 2 and 3 of subsection (a) of section 5102 of the
     2  insurance law, paragraph 2 as amended by chapter  320  of  the  laws  of
     3  1991, are amended to read as follows:
     4    (2)  Loss  of earnings from work which the person would have performed
     5  had he not been injured, and reasonable and necessary expenses  incurred
     6  by such person in obtaining services in lieu of those that he would have
     7  performed  for  income, up to [two] three thousand dollars per month for
     8  not more than three years from the date  of  the  accident  causing  the
     9  injury. An employee who is entitled to receive monetary payments, pursu-
    10  ant  to statute or contract with the employer, or who receives voluntary
    11  monetary benefits paid for by the employer, by reason of the  employee's
    12  inability  to  work because of personal injury arising out of the use or
    13  operation of a motor vehicle, is not entitled  to  receive  first  party
    14  benefits  for "loss of earnings from work" to the extent that such mone-
    15  tary payments or benefits from the employer do not result in the employ-
    16  ee suffering a reduction in income or  a  reduction  in  the  employee's
    17  level of future benefits arising from a subsequent illness or injury.
    18    (3) [All] Any and all other reasonable and necessary expenses incurred
    19  including,   without  limitation,  medical  transportation,  non-medical
    20  transportation, pet care  services,  house  cleaning  services,  laundry
    21  services,  and  food  preparation  and delivery services, up to [twenty-
    22  five] fifty dollars per day for not more than one year from the date  of
    23  the  accident  causing  the  injury.  In  determining  whether an "other
    24  expense" is reasonable and necessary, the certification  of  a  treating

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01557-01-3
        A. 2261                             2

     1  physician  that  the claimant was disabled from work during the relevant
     2  period constitutes prima facie proof that the expense was reasonable and
     3  necessary.
     4    § 2. Subsection (b) of section 5102 of the insurance law is amended to
     5  read as follows:
     6    (b) "First  party  benefits"  means payments to reimburse a person for
     7  basic economic loss on account of personal injury arising out of the use
     8  or operation of a motor vehicle, less:
     9    (1) Twenty percent of lost earnings computed pursuant to paragraph two
    10  of subsection (a) of this section, provided, however, that  such  twenty
    11  percent  shall  not  count  towards  the fifty thousand dollar limit for
    12  basic economic loss per person  described  in  subsection  (a)  of  this
    13  section.
    14    (2)  Amounts  recovered or recoverable on account of such injury under
    15  state or federal laws providing social security disability benefits,  or
    16  workers'  compensation  benefits,  or  disability benefits under article
    17  nine of the workers' compensation law, or medicare benefits, other  than
    18  lifetime  reserve  days  and provided further that the medicare benefits
    19  utilized herein do not result in a reduction of such  person's  medicare
    20  benefits for a subsequent illness or injury.
    21    (3) Amounts deductible under the applicable insurance policy.
    22    § 3. This act shall take effect immediately.