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 section 627(2) 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.