N.Y. Exec. Law § 626

§ 626. Out-of-pocket loss; definition. 1. Out-of-pocket loss shall\nmean unreimbursed and unreimbursable expenses or indebtedness reasonably\nincurred for medical care or other services necessary as a result of the\ninjury upon which such claim is based, including such expenses incurred\nas a result of the exacerbation of a pre-existing disability or\ncondition directly resulting from the crime or causally related to the\ncrime. Such expenses or indebtedness shall include the cost of\ncounseling for the eligible spouse, grandparents, parents, stepparents,\nguardians, brothers, sisters, stepbrothers, stepsisters, children,\nstepchildren or grandchildren of a homicide victim, and crime victims\nwho have sustained a personal physical injury as the direct result of a\ncrime and the spouse, children or stepchildren of such physically\ninjured victim. For the purposes of this subdivision, the victim of a\nsex offense as defined in article one hundred thirty of the penal law is\npresumed to have suffered physical injury. Such counseling may be\nprovided by local victim service programs, where available. It shall\nalso include the cost of residing at or utilizing services provided by\nshelters for battered spouses and children who are eligible pursuant to\nsubdivision two of section six hundred twenty-four of this article, and\nthe cost of reasonable attorneys' fees for representation before the\noffice and/or before the appellate division upon judicial review not to\nexceed one thousand dollars.\n 2. Out-of-pocket loss shall also include the cost of counseling for a\nchild victim and the parent, stepparent, grandparent, guardian, brother,\nsister, stepbrother or stepsister of such victim, pursuant to\nregulations promulgated to carry out the provisions and purposes of this\narticle.\n 3. Notwithstanding any inconsistent provision of this article, and\nwithout regard to the financial difficulty of the claimant,\nout-of-pocket loss also shall include the cost of unreimbursed and\nunreimbursable counseling expense or indebtedness reasonably incurred by\nrelief workers who worked at the World Trade Center site in the\nimmediate aftermath of the September eleventh, two thousand one\nterrorist attacks, or incurred by individuals who personally witnessed\nsuch attacks, where such counseling expense or indebtedness is incurred\nas a direct result of such work or of the witnessing of such attacks,\nand is incurred on or before December thirty-first, two thousand seven.\n * 4. Out-of-pocket loss shall also include the cost of counseling for\nsurviving family members of homicide victims who are otherwise eligible\npursuant to paragraph (b) of subdivision one of section six hundred\ntwenty-four of this article.\n * NB Effective June 17, 2020\n