Assembly Bill A10297

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10297
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Septimo) --
   read once and referred to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to    increasing  certain
   monetary limits under the comprehensive  motor vehicle insurance repa-
   rations act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs 2 and 3 of subsection (a) of section 5102 of the
 insurance law, paragraph 2 as amended by chapter  320  of  the  laws  of
 1991, are amended to read as follows:
   (2)  Loss  of earnings from work which the person would have performed
 had he not been injured, and reasonable and necessary expenses  incurred
 by such person in obtaining services in lieu of those that he would have
 performed  for  income, up to [two] THREE thousand dollars per month for
 not more than three years from the date  of  the  accident  causing  the
 injury. An employee who is entitled to receive monetary payments, pursu-
 ant  to statute or contract with the employer, or who receives voluntary
 monetary benefits paid for by the employer, by reason of the  employee's
 inability  to  work because of personal injury arising out of the use or
 operation of a motor vehicle, is not entitled  to  receive  first  party
 benefits  for "loss of earnings from work" to the extent that such mone-
 tary payments or benefits from the employer do not result in the employ-
 ee suffering a reduction in income or  a  reduction  in  the  employee's
 level of future benefits arising from a subsequent illness or injury.
   (3) [All] ANY AND ALL other reasonable and necessary expenses incurred
 INCLUDING,   WITHOUT  LIMITATION,  MEDICAL  TRANSPORTATION,  NON-MEDICAL
 TRANSPORTATION, PET CARE  SERVICES,  HOUSE  CLEANING  SERVICES,  LAUNDRY
 SERVICES,  AND  FOOD  PREPARATION  AND DELIVERY SERVICES, up to [twenty-
 five] FIFTY dollars per day for not more than one year from the date  of
 the  accident  causing  the  injury.  IN  DETERMINING  WHETHER AN "OTHER
 EXPENSE" IS REASONABLE AND NECESSARY, THE CERTIFICATION  OF  A  TREATING
 PHYSICIAN  THAT  THE CLAIMANT WAS DISABLED FROM WORK DURING THE RELEVANT
 PERIOD CONSTITUTES PRIMA FACIE PROOF THAT THE EXPENSE WAS REASONABLE AND
 NECESSARY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10760-03-1
 A. 10297                            2
 
   § 2. Subsection (b) of section 5102 of the insurance law is amended to
 read as follows:
   (b) "First  party  benefits"  means payments to reimburse a person for
 basic economic loss on account of personal injury arising out of the use
 or operation of a motor vehicle, less:
   (1) Twenty percent of lost earnings computed pursuant to paragraph two
 of subsection (a) of this section, PROVIDED, HOWEVER, THAT  SUCH  TWENTY
 PERCENT  SHALL  NOT  COUNT  TOWARDS  THE FIFTY THOUSAND DOLLAR LIMIT FOR
 BASIC ECONOMIC LOSS PER PERSON  DESCRIBED  IN  SUBSECTION  (A)  OF  THIS
 SECTION.
   (2)  Amounts  recovered or recoverable on account of such injury under
 state or federal laws providing social security disability benefits,  or
 workers'  compensation  benefits,  or  disability benefits under article
 nine of the workers' compensation law, or medicare benefits, other  than
 lifetime  reserve  days  and provided further that the medicare benefits
 utilized herein do not result in a reduction of such  person's  medicare
 benefits for a subsequent illness or injury.
   (3) Amounts deductible under the applicable insurance policy.
   § 3. This act shall take effect immediately.