Relates to eliminating certain monetary limits 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.

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S2745-2013 Actions

• Apr 22, 2013: REPORTED AND COMMITTED TO FINANCE
• Jan 23, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S2745-2013 Meetings

Crime Victims, Crime and Correction: Apr 22, 2013

S2745-2013 Votes

S2745-2013 Memo

BILL NUMBER:S2745

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

PURPOSE:  To provide more financial aid to victims of a crime where
medical equipment was stolen or damaged and needs to be replaced.

SUMMARY OF PROVISIONS:

Section one amends section 630 of the Executive Law to provide that the
aggregate $2,500 limitation, and the $500 individual award limitation,
for emergency awards does not apply to claimants who will use the emer-
gency award to replace medical equipment that is necessary for the
claimant's continued survival.

Section two of the bill provides that this act shall take effect imme-
diately.

EXISTING LAW:  Currently, crime victims who will most likely receive an
award pursuant to Executive Law Article 22 may obtain emergency awards
of $500, with an aggregate limit for all emergency awards of $2,500,
when undue hardship will result to the crime victim if he or she is
required to wait until a determination on his or her award claim been
made before he or she can receive any funds.

JUSTIFICATION:  In the commission of a crime, medical equipment may be
damaged or stolen. 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 equip-
ment when such replacement is not covered under Medicaid or private
insurance.

LEGISLATIVE HISTORY:  2012: S.1985 - Reported to Finance 2011: S.1985 -
Referred to Crime Victims, Crime and Correction 2010: S.2587 - 3rd Read-
ing 2009: S.2587 - Reported to Finance 2007-8: S.3718 - Passed Senate
both years

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately.

S2745-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2745

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 23, 2013
                                 ___________

  Introduced  by  Sen.  GOLDEN -- 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.
                                                             LBD07264-01-3

 S. 2745                             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.