Assembly Bill A6379

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6379
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2025
                                ___________
 
 Introduced  by  M.  of A. SEPTIMO, PAULIN, SIMON, SIMONE, TAPIA, KELLES,
   BORES -- 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] THEY not been injured, and reasonable  and  necessary  expenses
 incurred by such person in obtaining services in lieu of those that [he]
 SUCH  PERSON 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, pursuant 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 monetary payments or benefits from the employer do  not
 result in the employee 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02219-01-5
              

 A. 6379                             2
 
 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.
   § 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.