Bill Text: NY A02912 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the executive law, in relation to payment of unreimbursed medical bills of crime victims

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2010-01-06 - referred to governmental operations [A02912 Detail]

Download: New_York-2009-A02912-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2912
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 21, 2009
                                      ___________
       Introduced by M. of A. KOON, MAYERSOHN, PHEFFER -- Multi-Sponsored by --
         M.  of A. ALFANO, BARRA, JOHN -- read once and referred to the Commit-
         tee on Governmental Operations
       AN ACT to amend the executive law, in relation  to  payment  of  unreim-
         bursed medical bills of crime victims
         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  626  of  the  executive  law,  as
    2  amended  by  chapter  408  of  the  laws  of 2005, is amended to read as
    3  follows:
    4    1. Out-of-pocket  loss  shall  mean  unreimbursed  and  unreimbursable
    5  expenses  or  indebtedness reasonably incurred for medical care or other
    6  services necessary as a result of the injury upon which  such  claim  is
    7  based,  including such expenses incurred as a result of the exacerbation
    8  of a pre-existing disability or condition directly  resulting  from  the
    9  crime  or  causally  related to the crime. Such expenses or indebtedness
   10  shall include the cost of counseling for the eligible spouse,  grandpar-
   11  ents,  parents, stepparents, guardians, brothers, sisters, stepbrothers,
   12  stepsisters, children or stepchildren of a homicide  victim,  and  crime
   13  victims  who  have  sustained  a  personal physical injury as the direct
   14  result of a crime and the spouse, children or stepchildren of such phys-
   15  ically injured victim. For the purposes of this subdivision, the  victim
   16  of  a  sex offense as defined in article one hundred thirty of the penal
   17  law is presumed to have suffered physical injury. Such counseling may be
   18  provided by local victim service programs,  where  available.  It  shall
   19  also  include  the cost of residing at or utilizing services provided by
   20  shelters for battered spouses and children who are eligible pursuant  to
   21  subdivision  two of section six hundred twenty-four of this article, and
   22  the cost of reasonable attorneys' fees  for  representation  before  the
   23  board  and/or  before the appellate division upon judicial review not to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02344-01-9
       A. 2912                             2
    1  exceed one thousand dollars.   IT SHALL NOT  INCLUDE  SUCH  EXPENSES  OR
    2  INDEBTEDNESS INCURRED ON BEHALF OF THE CRIMINALLY RESPONSIBLE PERSON.
    3    S  2.  This  act  shall take effect immediately and shall apply to all
    4  claims pending before the crime victims board or submitted thereto on or
    5  after such date.