senate Bill S1985

2011-2012 Legislative Session

Eliminates the $2,500 limit for emergency crime victim awards when the award is used to replace necessary medical equipment not covered by insurance

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2012 reported and committed to finance
Jan 04, 2012 referred to crime victims, crime and correction
Jan 14, 2011 referred to crime victims, crime and correction

Votes

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May 15, 2012 - Crime Victims, Crime and Correction committee Vote

S1985
13
0
committee
13
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: May 15, 2012

aye wr (1)

Co-Sponsors

S1985 - Bill Details

See Assembly Version of this Bill:
A4610
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง630, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S2587, A4819

S1985 - Bill Texts

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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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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.

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

                                  1985

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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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