S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5085

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced by M. of A. TENNEY -- read once and referred to the Committee
  on Veterans' Affairs

AN  ACT  to amend the executive law, in relation to creating a veterans'
  clearinghouse for purposes of identifying veterans eligible for  bene-
  fits

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The executive law is amended by adding a new  section  369
to read as follows:
  S  369. VETERANS' CLEARINGHOUSE. 1. THE DIVISION IS HEREBY DIRECTED TO
CREATE AND MAINTAIN A CENTRALIZED DATABASE, TO BE KNOWN AS THE VETERANS'
CLEARINGHOUSE, WHICH SHALL COLLECT INFORMATION RELATING TO THE IDENTIFI-
CATION OF VETERANS RESIDING IN THE STATE AND THE STATE OR FEDERAL  BENE-
FITS RECEIVED OR AVAILABLE TO VETERANS SO IDENTIFIED.
  2.  THE DIVISION OF VETERANS' AFFAIRS SHALL ENTER INTO A MEMORANDUM OF
UNDERSTANDING WITH THE UNITED STATES  DEPARTMENT  OF  VETERANS'  AFFAIRS
THAT  ALLOWS  FOR THE SHARING OF INFORMATION RELATING TO THE IDENTIFICA-
TION OF VETERANS RESIDING IN THE STATE WHO ARE RECEIVING OR ELIGIBLE FOR
FEDERAL VETERANS' BENEFITS.
  3. ALL DEPARTMENTS, DIVISIONS, BUREAUS, BOARDS, COMMISSIONS AND  AGEN-
CIES  OF  THE  STATE  AND  POLITICAL SUBDIVISIONS THEREOF, WHICH PROVIDE
ASSISTANCE OR OTHER BENEFITS TO INDIVIDUALS, WHEN THE PROVISION OF  SUCH
ASSISTANCE  OR  BENEFITS IS RELATED TO THE RECIPIENT'S VETERAN STATUS OR
MILITARY EXPERIENCES, SHALL REQUEST THAT SUCH ASSISTED  PERSONS  PROVIDE
INFORMATION WITH REGARD TO THEIR VETERAN STATUS AND MILITARY EXPERIENCES
AND  SHALL  REPORT SUCH INFORMATION TO THE DIVISION OF VETERANS' AFFAIRS
FOR INCLUSION IN THE VETERANS' CLEARINGHOUSE. SUCH  INFORMATION  SHARING
SHALL  BE FOR THE PURPOSES OF ALLOWING THE DIVISION OF VETERANS' AFFAIRS
TO (A) EXAMINE WHETHER ANY SUCH VETERANS ARE  ELIGIBLE  FOR  FEDERAL  OR
STATE  BENEFITS, AND (B) FORMULATE POLICIES THAT ASSIST SUCH VETERANS IN
OBTAINING SUCH BENEFITS. INDIVIDUALS IDENTIFYING THEMSELVES AS  VETERANS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05905-01-3
              

A. 5085                             2

SHALL BE ADVISED THAT THE DIVISION OF VETERANS' AFFAIRS AND LOCAL VETER-
ANS'  SERVICE  AGENCIES  ESTABLISHED  PURSUANT  TO SECTION THREE HUNDRED
FIFTY-SEVEN OF THIS ARTICLE PROVIDE  ASSISTANCE  TO  VETERANS  REGARDING
BENEFITS UNDER FEDERAL AND STATE LAW.
  4.  THE DEPARTMENTS, DIVISIONS, BUREAUS, BOARDS, COMMISSIONS AND AGEN-
CIES OF THE STATE AND POLITICAL SUBDIVISIONS THEREOF, WHICH ARE REQUIRED
TO REPORT INFORMATION TO THE DIVISION OF VETERANS' AFFAIRS FOR INCLUSION
IN THE VETERANS' CLEARINGHOUSE PURSUANT TO  SUBDIVISION  THREE  OF  THIS
SECTION,  SHALL  SUBMIT SUCH A REPORT ON A QUARTERLY BASIS IN A FORM AND
MANNER TO BE DETERMINED BY THE DIRECTOR OF VETERANS' AFFAIRS.
  5. THE DEPARTMENTS, DIVISIONS, BUREAUS, BOARDS, COMMISSIONS AND  AGEN-
CIES OF THE STATE AND POLITICAL SUBDIVISIONS THEREOF, WHICH ARE REQUIRED
TO REPORT INFORMATION TO THE DIVISION OF VETERANS' AFFAIRS FOR INCLUSION
IN  THE  VETERANS'  CLEARINGHOUSE  PURSUANT TO SUBDIVISION THREE OF THIS
SECTION, SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THOSE  DEPARTMENTS,
DIVISIONS,  BUREAUS,  BOARDS,  COMMISSIONS AND AGENCIES OF THE STATE AND
POLITICAL SUBDIVISIONS THEREOF, WHICH ARE SUBJECT TO THE REQUIREMENTS OF
SECTION THREE HUNDRED FIFTY-FOUR-A OF THIS ARTICLE, AND:
  (A) THE DIVISION OF MILITARY AND NAVAL AFFAIRS;
  (B) LOCAL ASSESSOR UNITS, WHICH SHALL BE REQUIRED TO  REPORT  INFORMA-
TION  REGARDING  OWNERS  OF REAL PROPERTY WHO ARE RECIPIENTS OF THE REAL
PROPERTY TAX EXEMPTION PROVIDED BY SECTION FOUR HUNDRED  FIFTY-EIGHT  OR
FOUR HUNDRED FIFTY-EIGHT-A OF THE REAL PROPERTY TAX LAW;
  (C) THE HIGHER EDUCATION SERVICES CORPORATION, WHICH SHALL BE REQUIRED
TO  REPORT  INFORMATION  REGARDING THE IDENTITY OF ANY RECIPIENTS OF THE
VETERANS' TUITION AWARD PROVIDED BY SECTION SIX HUNDRED SIXTY-NINE-A  OF
THE EDUCATION LAW;
  (D) THE BOARD OF VISITORS OF EACH STATE VETERANS' HOME, WHICH SHALL BE
REQUIRED  TO  REPORT  INFORMATION REGARDING THE IDENTITY OF RESIDENTS OF
EACH HOME ADMITTED PURSUANT TO SECTION TWENTY-SIX HUNDRED THIRTY-TWO  OF
THE PUBLIC HEALTH LAW; AND
  (E) COUNTY AND CITY VETERANS' SERVICE AGENCIES.
  6.   INFORMATION  REGARDING  VETERANS'  STATUS  AND  MILITARY  SERVICE
PROVIDED BY ASSISTED PERSONS SOLELY TO IMPLEMENT THIS SECTION  SHALL  BE
PROTECTED  AS  PERSONAL  CONFIDENTIAL INFORMATION UNDER ARTICLE SIX-A OF
THE PUBLIC OFFICERS LAW AGAINST DISCLOSURE OF CONFIDENTIAL MATERIAL, AND
USED ONLY TO ASSIST IN THE DIAGNOSIS, TREATMENT, ASSESSMENT AND HANDLING
OF THE VETERAN'S PROBLEMS WITHIN THE AGENCY REQUESTING SUCH  INFORMATION
AND  IN  REFERRING  THE VETERAN TO THE DIVISION OF VETERANS' AFFAIRS FOR
INFORMATION AND ASSISTANCE WITH  REGARD  TO  BENEFITS  AND  ENTITLEMENTS
UNDER FEDERAL AND STATE LAW.
  7. THE DIVISION OF VETERANS' AFFAIRS SHALL COLLECT AND MAINTAIN INFOR-
MATION  CONCERNING  SUCH VETERANS IN ACCORDANCE WITH LAW AND THE FEDERAL
HEALTH INSURANCE  PORTABILITY  AND  ACCOUNTABILITY  ACT  OF  1996  (P.L.
104-191)  (HIPAA),  AS AMENDED FROM TIME TO TIME, OR REGULATIONS ADOPTED
THEREUNDER.
  8. THE DIRECTOR OF VETERANS' AFFAIRS SHALL PROMULGATE RULES AND  REGU-
LATIONS  TO  PROVIDE  FOR  THE  IMPLEMENTATION OF THE PROVISIONS OF THIS
SECTION.
  S 2. Section 354-a of the executive law, as amended by section  95  of
subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
read as follows:
  S 354-a. Information  on  status  of  veterans  receiving  assistance.
Departments, divisions, bureaus, boards, commissions and agencies of the
state  and  political  subdivisions  thereof,  which provide assistance,
treatment, counseling, care, supervision or  custody  in  service  areas

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involving  health,  mental  health, family services, criminal justice or
employment, including but not limited to the office  of  alcoholism  and
substance  abuse  services, office of mental health, office of probation
and  correctional  alternatives, office of children and family services,
office of temporary and disability  assistance,  department  of  health,
department  of  labor,  local  workforce  investment  boards, office for
people with developmental disabilities, and  department  of  corrections
and  community  supervision,  shall  request assisted persons to provide
information with regard to their veteran  status  and  military  experi-
ences.  Individuals  identifying themselves as veterans shall be advised
that the division of veterans' affairs and local veterans' service agen-
cies established pursuant to section three hundred fifty-seven  of  this
article  provide assistance to veterans regarding benefits under federal
and state  law.  Information  regarding  veterans  status  and  military
service  provided  by  assisted persons solely to implement this section
shall be protected as personal confidential  information  under  article
six-A  of  the  public  officers  law against disclosure of confidential
material, and used only to assist in the diagnosis,  treatment,  assess-
ment and handling of the veteran's problems within the agency requesting
such  information and in referring the veteran to the division of veter-
ans' affairs for information and assistance with regard to benefits  and
entitlements  under  federal  and state law. INFORMATION PROVIDED TO THE
DIVISION OF VETERANS' AFFAIRS PURSUANT TO THIS SECTION SHALL BE INCLUDED
IN THE VETERANS' CLEARINGHOUSE ESTABLISHED  PURSUANT  TO  SECTION  THREE
HUNDRED SIXTY-NINE OF THIS ARTICLE.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
and directed to be made and completed on or before such effective date.