Bill Text: NY S02587 | 2009-2010 | General Assembly | Introduced

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Bill Title: Eliminates for emergency crime victim awards when the award is used to replace medical equipment necessary for the survival of the claimant and such replacement is not covered by the medical assistance program or any other insurance coverage.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2010-03-17 - ADVANCED TO THIRD READING [S02587 Detail]

Download: New_York-2009-S02587-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2587
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 24, 2009
                                      ___________
       Introduced  by Sens. GOLDEN, DeFRANCISCO, HANNON, LARKIN, MORAHAN, PADA-
         VAN, VOLKER -- read twice and ordered printed, and when printed to  be
         committed to the Committee on Crime Victims, Crime and Correction
       AN ACT to amend the executive law, in relation to crime victims emergen-
         cy awards used to replace certain medical equipment
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 630 of the executive law, as amended by chapter 346
    2  of the laws of 1986, subdivision 1 as amended by chapter 318 of the laws
    3  of 2007, is amended to read as follows:
    4    S 630. Emergency awards. 1. Notwithstanding the provisions of  section
    5  six  hundred  twenty-seven  of  this article, if it appears to the board
    6  member to whom a claim is assigned, that such claim is one with  respect
    7  to  which an award probably will be made, and undue hardship will result
    8  to the claimant if immediate payment is not made, such board member  may
    9  make  one or more emergency awards to the claimant pending a final deci-
   10  sion of the board or payment of an award in the case, provided, however,
   11  that the total amount of such emergency awards shall not exceed  twenty-
   12  five  hundred  dollars.  The  amount  of  such emergency awards shall be
   13  deducted from any final award made to the claimant, and  the  excess  of
   14  the  amount  of  any  such  emergency award over the amount of the final
   15  award, or the full amount of any emergency awards if no final  award  is
   16  made,  shall  be  repaid  by the claimant to the board.  AN EXCEPTION TO
   17  SUCH LIMITATION SHALL BE MADE WHERE THE CLAIMANT WILL USE THE  EMERGENCY
   18  AWARD TO REPLACE MEDICAL EQUIPMENT NOT COVERED BY THE MEDICAL ASSISTANCE
   19  PROGRAM  OR  ANY OTHER INSURANCE COVERAGE, AND SUCH MEDICAL EQUIPMENT IS
   20  NECESSARY FOR THE CONTINUED SURVIVAL OF THE CLAIMANT.
   21    2. Notwithstanding the provisions of section six hundred  twenty-seven
   22  of this article, local crime victim service programs shall be authorized
   23  to  provide  emergency  awards  to  crime victims for essential personal
   24  property, medical  treatment  AND  EQUIPMENT,  shelter  costs,  security
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08180-01-9
       S. 2587                             2
    1  services,  counseling  and transportation the total amount of such emer-
    2  gency awards not to exceed five hundred dollars; PROVIDED, HOWEVER, THAT
    3  WHERE THE CLAIMANT WILL USE  THE  EMERGENCY  AWARD  TO  REPLACE  MEDICAL
    4  EQUIPMENT  NOT  COVERED  BY  THE MEDICAL ASSISTANCE PROGRAM OR ANY OTHER
    5  INSURANCE COVERAGE, AND SUCH MEDICAL  EQUIPMENT  IS  NECESSARY  FOR  THE
    6  CONTINUED  SURVIVAL OF THE CLAIMANT, THERE SHALL BE NO LIMITATION ON THE
    7  AMOUNT OF THE EMERGENCY AWARD.  These programs shall  be  reimbursed  by
    8  the  board,  pursuant to the provisions of this article, if it is subse-
    9  quently determined that the victim is an eligible claimant. Local  crime
   10  victim  service  programs  shall  be  authorized  to  establish  special
   11  accounts for this purpose.  The board shall initiate a program to assist
   12  local crime victim service programs in establishing special accounts  to
   13  provide emergency awards, within amounts designated for that purpose.
   14    S 2. This act shall take effect immediately.