S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1144
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2025
                                ___________
 
 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]  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
              

 S. 1144                             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.