As used in this Part and for the purposes of Executive Law,
article 22, in addition to the definitions contained in Executive Law, article
22:
(a) Child victim shall mean a
person less than 18 years of age who:
(1)
suffers physical, mental or emotional injury, or loss or damage, as a direct
result of a crime or as a result of witnessing a crime, pursuant to subdivision
11 of section
621 of the
Executive Law; or
(2) who is
reported missing for a period greater than seven days, as there shall be a
rebuttable presumption that he or she is a victim of a crime, pursuant to
paragraph (d) of subdivision 1 of section
627 of the Executive Law.
(b) Conduct contributing shall
mean culpable conduct logically and rationally related to the crime by which
the victim was victimized and contributing to the injury suffered by the
victim.
(c) Representative shall
also mean a designee of the claimant. A claimant who wishes to designate a
representative shall provide to the office a notarized authorization compliant
with Public Officers Law, section
96 before any confidential records of, or
information about a claimant can be disclosed by the office. This authorization
shall be valid unless and until revoked by the claimant in writing. The form
shall be as follows:
Representative's Authorization by Claimant
Pursuant to New York State Executive Law, § 633 and
Public Officers Law § 96, I:
________
Name of Claimant
(Please print)
________
Claim Number
hereby authorize:
________
Name of Representative
________
________
________
Address of Representative
________
Phone Number of Representative
to act as my representative in the above mentioned claim.
This authorization is to allow the Office of Victim Services to share my
information and records compiled for this claim with the above authorized
representative. This authorization shall be valid until revoked by me in
writing.
________
Signature of Claimant
________
Date
State of New York
|
)) ss.:::
|
County of
|
__________
|
)
|
On the ________ day of ________ in the year ________ before
me, the undersigned, personally appeared ________, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose
name is subscribed to the within instrument and acknowledged to me that he/she
executed the same in his/her capacity, and that by his/her signature on the
instrument, the individual, or the person upon behalf of which the individual
acted, executed the instrument.
_______________
NOTARY PUBLIC
(d)
Medical services or medical expenses shall mean services provided or monitored
by, or expenses incurred from those medical professionals licensed by the New
York State Department of Education and within their licensed discipline. If the
provider is out-of-state, payment for services within their licensed discipline
shall only be made if such professional is licensed under one of the titles
recognized by the New York State Department of Education's list of licensed
professions. The office may require an out-of-state provider to submit a copy
of his or her license.
(1) Notwithstanding
the provisions of this subdivision, for all new claims received after the
adoption of this rule (effective date August 15, 2007), the office may
authorize the reimbursement of expenses associated with the provision of
home-care services rendered by a non-licensed caregiver who is a family member
when:
(i) the victim is under 18 years of
age;
(ii) the claimant submits a
physician's statement clearly stating that in the physician's opinion the
victim will benefit from such home care by a non-licensed caregiver;
and
(iii) the authorization is for
no more than a three-month period.
Family members who perform such services shall be reimbursed
at a rate no greater than the current State minimum wage for up to 40 hours per
week.
(2)
Notwithstanding the provisions of this subdivision, medical expenses shall also
include the reasonable transportation expenses incurred for necessary, causally
related medical care which may include, but are not limited to, reasonable
airplane, cab, bus or train fare, with receipts, or if a claimant has provided
his or her own transportation, the federally recognized mileage reimbursement
rate at the time the expense was incurred and the reasonable cost of
hotel/motel stays if more cost effective than round-trip travel during a
certain time period. The office may require proof that such expenses were the
most economical under the circumstances. Meals shall not be considered a
related transportation expense.
(e) Transportation expenses incurred for
necessary court appearances may include, but are not limited to, reasonable
airplane, cab, bus or train fare, with receipts, or if a claimant has provided
his or her own transportation, the federally recognized mileage reimbursement
rate at the time the expense was incurred and the reasonable cost of
hotel/motel stays if more cost effective than round-trip travel during a
certain time period. The office may require proof that such expenses were the
most economical under the circumstances. Meals shall not be considered a
related transportation expense.
(f)
Hospitalization shall mean the period during which a person is a patient in or
resident of a licensed facility for:
(1)
emergency care or ambulatory surgery; or
(2) in-patient treatment at: a general
hospital, a psychiatric center, a physical rehabilitation facility or a
residential health care facility.
(g) Financial counseling shall also mean
financial services provided by an experienced financial counselor or adviser,
who is licensed by New York State and operating within his or her licensed
discipline. If the provider is out-of-state, payment for services within his or
her licensed discipline shall only be made if such professional is licensed
under one of the titles recognized by New York State's licensed professions.
The office may require an out-of-state provider to submit a copy of his or her
license to the claimant for submission to the office. Such counseling may
include, but is not limited to: analysis of a victim's financial situation such
as income producing capacity and crime related financial obligations;
assistance with restructuring budget and debt; assistance in accessing
insurance, public assistance and other benefits; assistance in completing the
financial aspects of victim impact statements; and assistance in settling
estates and handling guardianship matters.
(h) Reasonable attorney's fees for
representation before the office and/or before the appellate division upon
judicial review" shall mean those reasonable attorney's fees incurred by a
claimant during (1) the administrative review for reconsideration of such
decision pursuant to subdivision (2) of section
627 of the Executive Law and/or (2) the
judicial review of the final decision of the office pursuant to section
629 of
the Executive Law.
(i) Welfare as
used in subdivision (n) of section
525.12
of this Part, shall mean items related to a victim's clothing, bedding, ability
to communicate, and safe operation of their personal means of
transportation.
(j) Receipted as
used in subdivision (n) of section
525.12
of this Part, shall mean the original or replacement receipt indicating the
purchase price of an item or items of essential personal property.