S T A T E   O F   N E W   Y O R K
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                                  4694

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2013
                               ___________

Introduced  by  M. of A. PERRY -- Multi-Sponsored by -- M. of A. COLTON,
  COOK, ENGLEBRIGHT, HOOPER, JAFFEE, 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 section 10 of part A-1 of chapter 56 of the laws of 2010, 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.
                                                           LBD00045-01-3

A. 4694                             2
              

  S 2. Subdivision 2 of section 625 of the executive law, as amended  by
section  10 of part A-1 of chapter 56 of the laws of 2010, 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 office may extend the time for filing.
The office 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.