S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6728
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10760-03-1

 S. 6728                             2
 
 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.