S1985-2011 Actions

• May 15, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Jan 14, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S1985-2011 Meetings

S1985-2011 Votes

S1985-2011 Memo

BILL NUMBER:S1985

TITLE OF BILL:
An act
to amend the executive law, in relation to crime victims emergency
awards used to replace certain medical equipment

PURPOSE OR GENERAL IDEA OF THE BILL:
To provide more financial aid to seniors who are victims of a crime
where medical equipment was damaged and needs to be replaced.

SUMMARY OF PROVISIONS:
Amends section 630 of the executive law providing an exception to the
emergency award amount of $500 in cases where insurance will not
cover replacement of needed medical equipment.

JUSTIFICATION:
Cases may exist where medical equipment may be damaged or stolen in
relation to a crime being committed. Insurance may not always cover
replacement of such equipment. This legislation will, in special
cases, allow for a higher emergency award to cover the cost of
replacing important medical equipment that is not covered under
Medicaid or other private insurance.

LEGISLATIVE HISTORY:
2007-08: S.3718 - Referred to Crime Victims, Crime & Correction,
3rd Reading, Passed Senate
2009-10: S.2587 - Referred to Crime Victims, Crime & Correction,
3rd Reading

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S1985-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1985
 2011-2012 Regular Sessions
 I N  SENATE
 January 14, 2011
 
 Introduced  by  Sens.  GOLDEN,  DeFRANCISCO,  SALAND  --  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:

 

Section 1.

Section 630 of the executive law, as amended by section  21
 of  part  A-1  of  chapter 56 of the laws of 2010, is amended to read as
 follows:

 

S 630. Emergency awards. 1. Notwithstanding the provisions of  section
 six  hundred  twenty-seven of this article, if it appears to the office,
 that such claim is one with respect to which an award probably  will  be
 made,  and  undue  hardship  will  result  to  the claimant if immediate
 payment is not made, the office may make one or more emergency awards to
 the claimant pending a final decision of the office  or  payment  of  an
 award  in  the  case,  provided,  however, that the total amount of such
 emergency awards shall  not  exceed  twenty-five  hundred  dollars.  The
 amount  of  such emergency awards shall be deducted from any final award
 made to the claimant, and the excess of the amount of any such emergency
 award over the amount of the final award, or  the  full  amount  of  any
 emergency  awards  if  no  final  award  is made, shall be repaid by the
 claimant to the office.  AN EXCEPTION TO SUCH LIMITATION SHALL  BE  MADE
 WHERE  THE  CLAIMANT  WILL  USE  THE  EMERGENCY AWARD TO REPLACE MEDICAL
 EQUIPMENT NOT COVERED BY THE MEDICAL ASSISTANCE  PROGRAM  OR  ANY  OTHER
 INSURANCE  COVERAGE,  AND  SUCH  MEDICAL  EQUIPMENT IS NECESSARY FOR THE
 CONTINUED SURVIVAL OF THE CLAIMANT.
 2. Notwithstanding the provisions of section six hundred  twenty-seven
 of this article, local crime victim service programs shall be authorized
 to  provide  emergency  awards  to  crime victims for essential personal
 property, medical  treatment  AND  EQUIPMENT,  shelter  costs,  security
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04615-02-1
 
       S. 1985                             2
 services,  counseling  and transportation the total amount of such emer
 gency awards not to exceed five hundred dollars; PROVIDED, HOWEVER, THAT
 WHERE THE CLAIMANT WILL USE  THE  EMERGENCY  AWARD  TO  REPLACE  MEDICAL
 EQUIPMENT  NOT  COVERED  BY  THE MEDICAL ASSISTANCE PROGRAM OR ANY OTHER
 INSURANCE COVERAGE, AND SUCH MEDICAL  EQUIPMENT  IS  NECESSARY  FOR  THE
 CONTINUED  SURVIVAL OF THE CLAIMANT, THERE SHALL BE NO LIMITATION ON THE
 AMOUNT OF THE EMERGENCY AWARD. These programs shall be reimbursed by the
 office, pursuant to the provisions of this article, if it is subsequent
 ly determined that the victim  is  an  eligible  claimant.  Local  crime
 victim  service  programs  shall  be  authorized  to  establish  special
 accounts for this purpose. The office shall initiate a program to assist
 local crime victim service programs in establishing special accounts  to
 provide emergency awards, within amounts designated for that purpose.
 

S 2. This act shall take effect immediately.

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