Bill Text: NY S00055 | 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 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO INSURANCE [S00055 Detail]

Download: New_York-2023-S00055-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           55

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01557-01-3
        S. 55                               2

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