S T A T E   O F   N E W   Y O R K
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                                  3519

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. PERRY -- Multi-Sponsored by -- M. of A. COLTON,
  COOK, ENGLEBRIGHT, ESPAILLAT, GREENE,  HOOPER,  KOON,  MENG,  PHEFFER,
  SWEENEY  --  read  once  and referred to the Committee on Governmental
  Operations

AN ACT to amend the executive law, in relation to authorizing  hospitals
  to  file  an  assigned  claim  for hospital expenses of sexual assault
  victims directly with the crime victims board with protections

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  625 of the executive law, as
amended by chapter 115 of the laws  of  1981,  is  amended  to  read  as
follows:
  1.  A  claim may be filed by a person eligible to receive an award, as
provided in section six hundred twenty-four of this article, or, if such
person is under the age of eighteen years, an incompetent, or a  conser-
vatee,  by  his relative, guardian, committee, conservator, or attorney.
A CLAIM MAY BE FILED BY A GENERAL HOSPITAL AND SUCH CLAIM  MAY  BE  PAID
DIRECTLY  TO  THE  GENERAL  HOSPITAL  FOR THE PORTION OF A CRIME VICTIMS
BOARD AWARD ATTRIBUTABLE TO HOSPITAL CARE EXPENSES INCURRED BY A  SEXUAL
ASSAULT  CRIME  VICTIM  WHO HAS ASSIGNED THE PROCEEDS OF SUCH PORTION OF
HIS OR HER AWARD TO THE GENERAL HOSPITAL. IN THE EVENT A GENERAL  HOSPI-
TAL  FILES  AND  RECEIVES PAYMENT OF SUCH A CLAIM, IT SHALL NOT BILL THE
VICTIM FOR THE AMOUNT IT HAS BEEN PAID. THE PAYMENT TO A GENERAL  HOSPI-
TAL OF AN ASSIGNED SEXUAL ASSAULT CRIME VICTIM'S AWARD AS HEREIN AUTHOR-
IZED  SHALL  NOT BE CONSIDERED A COLLATERAL SOURCE PAYMENT AND SHALL NOT
RELIEVE ANY INSURER OF ANY CONTRACTUAL OR INSURANCE OBLIGATION IT HAS TO
PAY SUCH EXPENSES. IF SUCH OBLIGATION EXISTS AND IF PAYMENT HAS  ALREADY
BEEN MADE TO THE GENERAL HOSPITAL BY THE CRIME VICTIMS BOARD, THE INSUR-
ER SHALL MAKE PAYMENT DIRECTLY TO THE SEXUAL ASSAULT CRIME VICTIM IN THE
AMOUNT OF ITS OBLIGATION INSTEAD OF TO THE GENERAL HOSPITAL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01698-01-9

              

A. 3519                             2

  S  2. Subdivision 2 of section 625 of the executive law, as amended by
chapter 359 of the laws of 2001, is amended to read as follows:
  2.  A  claim  must  be filed [by the claimant] not later than one year
after the occurrence or discovery of the crime upon which such claim  is
based,  one  year  after a court finds a lawsuit to be frivolous, or not
later than one year after the death of the  victim,  provided,  however,
that  upon  good  cause shown, the board may extend the time for filing.
The board shall extend the time for filing [where the claimant  received
no]  CLAIMS  WHEN  THERE  IS  A  LACK  OF notice pursuant to section six
hundred twenty-five-a of this article and [had no] A LACK  OF  knowledge
of eligibility pursuant to section six hundred twenty-four of this arti-
cle.
  S 3. This act shall take effect immediately.