Definition of Medical Services or Medical Expenses
NY-ADR
8/15/07 N.Y. St. Reg. CVB-22-07-00003-A
NEW YORK STATE REGISTER
VOLUME XXIX, ISSUE 33
August 15, 2007
RULE MAKING ACTIVITIES
CRIME VICTIMS BOARD
NOTICE OF ADOPTION
I.D No. CVB-22-07-00003-A
Filing No. 781
Filing Date. Jul. 26, 2007
Effective Date. Aug. 15, 2007
Definition of Medical Services or Medical Expenses
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of section 525.1(m) to Title 9 NYCRR.
Statutory authority:
Executive Law, sections 626 and 631
Subject:
Definition of medical services or medical expenses.
Purpose:
To specifically define medical services and medical expenses and enumerate under which circumstances the board would consider homecare of a minor by a family member to be reimbursable and calculate the amount of reimbursement, in order for claimants or potential claimants to be aware of what services the board would consider reimbursable.
Text or summary was published
in the notice of proposed rule making, I.D. No. CVB-22-07-00003-P, Issue of May 30, 2007.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
John Watson, General Counsel, Crime Victims Board, One Columbia Circle, Suite 200, Albany, NY 12203, (518) 457-8066, e-mail: [email protected]
Assessment of Public Comment
The New York State Crime Victims Board (the Board) received comment on this proposed amendment from RoAnn Destito, Chair of the Assembly Standing Committee on Governmental Operations and Michael Gianaris, Assembly Chair of the Administrative Regulations Review Commission. While the Assembly-members are supportive of the purpose of the proposed amendment, as it relates to the reimbursement of non-licensed caregivers who are family members of a crime victim, they have recommended that the Board reconsider the age based limit (i.e., victims under 18 years of age) and allow reimbursement of either additional categories of crime victims (e.g., elderly, disabled or sexual assault victims) or all victims of crime who would benefit from such care.
In section three of the Regulatory Impact Statement filed with this proposed amendment, it was stated that the Board recognizes that homecare provided to minor victims by a family member should be considered for reimbursement as a medical expense under certain circumstances. It was also stated that from recent history to date, making such reimbursements has been the practice of the Board. This proposed amendment simply codifies this practice and enumerates the circumstances under which the Board will consider such homecare to be reimbursable and how to calculate the amount of reimbursement. In section four of the Regulatory Impact Statement filed with this proposed amendment, it was stated that this codification of the Board's current practice would not impose any additional costs to the agency or State.
The changes to this proposed amendment suggested by Assemblymembers Destito and Gianaris in their comment are beyond the scope of the Board's current practice and would impose significant, additional costs to the agency and the State which were not anticipated by the Board when it originally proposed this amendment and would be prohibitive.
The adoption of this proposed amendment does not preclude the possible expansion of this practice by the Board, but at this time the Board is not prepared to make the changes proposed by Assemblymembers Destito and Gianaris.
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