Bill Text: NY A04819 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the executive law, in relation to crime victims emergency awards used to replace certain medical equipment
Spectrum: Partisan Bill (Democrat 25-0)
Status: (Introduced - Dead) 2010-01-06 - referred to governmental operations [A04819 Detail]
Download: New_York-2009-A04819-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4819
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
___________
Introduced by M. of A. ENGLEBRIGHT, LUPARDO, J. RIVERA, PHEFFER,
GUNTHER, JOHN, CAHILL, DINOWITZ, FIELDS, HOYT, SCHROEDER, MAISEL,
EDDINGTON, LAVINE, ESPAILLAT -- Multi-Sponsored by -- M. of A. ABBATE,
CYMBROWITZ, GANTT, GOTTFRIED, LANCMAN, MAYERSOHN, McENENY, NOLAN,
PEOPLES, REILLY, TOWNS -- read once and referred to the Committee on
Governmental Operations
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08180-01-9
A. 4819 2
1 2. Notwithstanding the provisions of section six hundred twenty-seven
2 of this article, local crime victim service programs shall be authorized
3 to provide emergency awards to crime victims for essential personal
4 property, medical treatment AND EQUIPMENT, shelter costs, security
5 services, counseling and transportation the total amount of such emer-
6 gency awards not to exceed five hundred dollars; PROVIDED, HOWEVER, THAT
7 WHERE THE CLAIMANT WILL USE THE EMERGENCY AWARD TO REPLACE MEDICAL
8 EQUIPMENT NOT COVERED BY THE MEDICAL ASSISTANCE PROGRAM OR ANY OTHER
9 INSURANCE COVERAGE, AND SUCH MEDICAL EQUIPMENT IS NECESSARY FOR THE
10 CONTINUED SURVIVAL OF THE CLAIMANT, THERE SHALL BE NO LIMITATION ON THE
11 AMOUNT OF THE EMERGENCY AWARD. These programs shall be reimbursed by
12 the board, pursuant to the provisions of this article, if it is subse-
13 quently determined that the victim is an eligible claimant. Local crime
14 victim service programs shall be authorized to establish special
15 accounts for this purpose. The board shall initiate a program to assist
16 local crime victim service programs in establishing special accounts to
17 provide emergency awards, within amounts designated for that purpose.
18 S 2. This act shall take effect immediately.
