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.
Ayes (11): Gallivan, Carlucci, DeFrancisco, Griffo, Maziarz, Nozzolio, Ritchie, Hassell-Thompson, Montgomery, Hoylman, Rivera
Ayes W/R (1): Peralta
Excused (1): Little
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 emergency 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 immediately.
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 equipment 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 Reading 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.
STATE OF NEW YORK ________________________________________________________________________ 2745 2013-2014 Regular Sessions IN 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, securityEXPLANATION--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.