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

                                  4819

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT,  LUPARDO,  J. RIVERA,  PHEFFER,
  GUNTHER, JOHN, CAHILL,  DINOWITZ,  FIELDS,  HOYT,  SCHROEDER,  MAISEL,
  EDDINGTON, LAVINE, ESPAILLAT -- Multi-Sponsored by -- M. of A. ABBATE,
  CYMBROWITZ,  GANTT,  GOTTFRIED,  LANCMAN,  MAYERSOHN,  McENENY, NOLAN,
  PEOPLES, REILLY, TOWNS -- read once and referred to the  Committee  on
  Governmental Operations

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 chapter 346
of the laws of 1986, subdivision 1 as amended by chapter 318 of the laws
of 2007, 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 board
member to whom a claim is assigned, 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, such board member  may
make  one or more emergency awards to the claimant pending a final deci-
sion of the board 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 board.  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08180-01-9

              

A. 4819                             2

  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
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  board,  pursuant to the provisions of this article, if it is subse-
quently determined that the victim is an eligible claimant. Local  crime
victim  service  programs  shall  be  authorized  to  establish  special
accounts for this purpose.  The board 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.