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A708Assembly2017-2018 Session

Hospitals Bill Direct for Assault Care

Official title

“Permits hospitals which receive from a sexual assault victim an assignment of a crime victims board award for hospital care expenses to file a claim directly”

Sponsor N. Nick PerryAD-58
Status
In Assembly Committee
Governmental Operations
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Governmental Operations

What's happening

This bill allows hospitals to file claims directly with the crime victims board for sexual assault victims' hospital expenses, with specific protections.

Why it matters

  1. Victims could get faster and more streamlined hospital billing. By allowing hospitals to file claims directly with the crime victims board for sexual assault victims’ expenses, this bill reduces the administrative burden on victims, who might otherwise have to handle complex paperwork at a traumatic time.

  2. Hospitals are prohibited from double-billing victims. If a hospital is paid by the crime victims board, it cannot bill the victim again for the same amount, offering clear financial protection to survivors and preventing unexpected medical debt.

  3. Insurance obligations remain in place. The bill ensures that payments from the crime victims board to hospitals do not count as "collateral source" payments. Insurers still have to fulfill their contractual obligations, and if insurance pays after the board, the payment goes directly to the victim, not the hospital.

  4. More flexibility and fairness in claim deadlines. The amendments clarify that claims can still be filed if the victim was unaware of their eligibility or did not receive proper notice, potentially expanding access to compensation for those who might otherwise miss the deadline.

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Who cares

Headline styles

Hospitals Bill Direct for Assault Care

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
N. Nick Perry

Assembly Member · Assembly District 58

History

  1. Referred to governmental operations
  2. Referred to governmental operations

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

708

2017-2018 Regular Sessions

IN ASSEMBLY

January 9, 2017

Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. COLTON, COOK, ENGLEBRIGHT, HOOPER, JAFFEE -- read once and referred to the Committee on Governmental Operations

AN ACT to amend the executive law, in relation to authorizing hospitals to file an assigned claim for hospital expenses of sexual assault victims directly with the crime victims board with protections

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 1 of section 625 of the executive law, as amended by section 10 of part A-1 of chapter 56 of the laws of 2010, is amended to read as follows:

1. A claim may be filed by a person eligible to receive an award, as provided in section six hundred twenty-four of this article, or, if such person is under the age of eighteen years, an incompetent, or a conservatee, by his relative, guardian, committee, conservator, or attorney. A claim may be filed by a general hospital and such claim may be paid directly to the general hospital for the portion of a crime victims board award attributable to hospital care expenses incurred by a sexual assault crime victim who has assigned the proceeds of such portion of his or her award to the general hospital. In the event a general hospital files and receives payment of such a claim, it shall not bill the victim for the amount it has been paid. The payment to a general hospital of an assigned sexual assault crime victim's award as herein authorized shall not be considered a collateral source payment and shall not relieve any insurer of any contractual or insurance obligation it has to pay such expenses. If such obligation exists and if payment has already been made to the general hospital by the crime victims board, the insurer shall make payment directly to the sexual assault crime victim in the amount of its obligation instead of to the general hospital.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06326-01-7

A. 708 2

§ 2. Subdivision 2 of section 625 of the executive law, as amended by section 10 of part A-1 of chapter 56 of the laws of 2010, is amended to read as follows:

2. A claim must be filed [by the claimant] not later than one year after the occurrence or discovery of the crime upon which such claim is based, one year after a court finds a lawsuit to be frivolous, or not later than one year after the death of the victim, provided, however, that upon good cause shown, the office may extend the time for filing. The office shall extend the time for filing [where the claimant received no] claims when there is a lack of notice pursuant to section six hundred twenty-five-a of this article and [had no] a lack of knowledge of eligibility pursuant to section six hundred twenty-four of this article.

§ 3. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.