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.