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

                                  7561

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

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

AN ACT to amend the public health law, in relation to clarifying  eligi-
  bility requirements for admission to the New York state veterans' home

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

  Section 1. Subdivision 1 of section 2632 of the public health law,  as
amended  by  chapter  467  of the laws of 1991, the opening paragraph as
amended by chapter 455 of the laws of 2002, paragraph (d) as amended  by
chapter  616 of the laws of 1995 and paragraph (f) as amended by chapter
179 of the laws of 2006, is amended to read as follows:
  1. Every veteran of the armed forces of the United States, who (i) was
separated or discharged under  honorable  conditions  after  serving  on
active  duty  therein for a period of not less than thirty days, or (ii)
was separated or discharged under honorable conditions after serving  on
active  duty  therein  for a period of not less than thirty days and who
was a recipient of the armed forces expeditionary  medal,  navy  expedi-
tionary  medal  or marine corps expeditionary medal for participation in
operations in Lebanon from June first, nineteen hundred eighty-three  to
December  first,  nineteen hundred eighty-seven, in Grenada from October
twenty-third, nineteen hundred eighty-three  to  November  twenty-first,
nineteen  hundred  eighty-three,  or  in Panama from December twentieth,
nineteen hundred eighty-nine to January thirty-first,  nineteen  hundred
ninety,  OR IN BOSNIA AND HERZGEGOVINA FROM NOVEMBER TWENTY-FIRST, NINE-
TEEN HUNDRED NINETY-FIVE TO NOVEMBER FIRST, TWO THOUSAND SEVEN, OR WAS A
RECIPIENT OF THE  KOSOVO  CAMPAIGN  MEDAL  or  (iii)  was  separated  or
discharged under honorable conditions after serving on active duty ther-
ein  for a period of not less than thirty days and who served during the
period of actual hostilities of either
  (a) the Spanish-American war; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07944-01-3

              

A. 7561                             2

  (b) the incidental insurrection  in  the  Philippines  prior  to  July
fourth, nineteen hundred two; or
  (c)  world  war  I between April sixth, nineteen hundred seventeen and
November eleventh, nineteen hundred eighteen, both inclusive; or
  (d) world war II between December seventh, nineteen hundred  forty-one
and  December  thirty-first, nineteen hundred forty-six, both inclusive,
or who was employed by the War  Shipping  Administration  or  Office  of
Defense  Transportation  or their agents as a merchant seaman documented
by the United States Coast Guard or Department  of  Commerce,  or  as  a
civil  servant  employed  by  the  United  States Army Transport Service
(later redesignated as the  United  States  Army  Transportation  Corps,
Water  Division)  or  the  Naval  Transportation Service; and who served
satisfactorily as a crew member during the  period  of  armed  conflict,
December seventh, nineteen hundred forty-one, to August fifteenth, nine-
teen  hundred  forty-five,  aboard merchant vessels in oceangoing, i.e.,
foreign, intercoastal, or coastwise service as such  terms  are  defined
under  federal  law (46 USCA 10301 & 10501) and further to include "near
foreign" voyages between the United States and Canada,  Mexico,  or  the
West Indies via ocean routes, or public vessels in oceangoing service or
foreign  waters  and  who  has  received  a  Certificate  of  Release or
Discharge from Active Duty and a discharge certificate, or an  Honorable
Service  Certificate/Report of Casualty, from the Department of Defense,
or who served as a United States civilian employed by the American Field
Service and served overseas under United States Armies and United States
Army Groups in world war II during the period of armed conflict,  Decem-
ber  seventh,  nineteen  hundred  forty-one through May eighth, nineteen
hundred forty-five, and who was discharged or released  therefrom  under
honorable  conditions,  or who served as a United States civilian Flight
Crew and Aviation Ground Support Employee of Pan American World  Airways
or  one  of  its subsidiaries or its affiliates and served overseas as a
result of Pan American's contract with Air Transport  Command  or  Naval
Air  Transport  Service  during  the  period of armed conflict, December
fourteenth, nineteen hundred forty-one through August fourteenth,  nine-
teen  hundred  forty-five,  and who was discharged or released therefrom
under honorable conditions; or
  (e) Korean conflict  between  June  twenty-seventh,  nineteen  hundred
fifty and January thirty-first, nineteen hundred fifty-five, both inclu-
sive; or
  (f) Viet Nam conflict between February twenty-eighth, nineteen hundred
sixty-one  and  May  seventh, nineteen hundred seventy-five, both inclu-
sive; or
  (g) VETERANS WHO SERVED IN THE UNITED STATES MILITARY AND WERE EXPOSED
TO RADIATION DURING MILITARY  SERVICE  IN  A  "RADIATION-RISK  ACTIVITY"
DEFINED  AS  PARTICIPATION  IN  THE OCCUPATION OF HIROSHIMA OR NAGASAKI,
JAPAN BETWEEN AUGUST SIXTH, NINETEEN  HUNDRED  FORTY-FIVE  THROUGH  JULY
FIRST, NINETEEN HUNDRED FORTY-SIX; WERE PRISONERS OF WAR IN JAPAN DURING
WORLD  WAR  II; ONSITE PARTICIPATION IN A TEST INVOLVING THE ATMOSPHERIC
DETONATION OF A NUCLEAR DEVICE, WHETHER OR NOT THE  TESTING  NATION  WAS
THE UNITED STATES; OR
  (H)  in the Persian Gulf conflict from the second day of August, nine-
teen hundred ninety to the  end  of  such  conflict  INCLUDING  MILITARY
SERVICE IN OPERATION ENDURING FREEDOM, OPERATION IRAQI FREEDOM OR OPERA-
TION  NEW  DAWN  AND  WAS  THE  RECIPIENT OF THE GLOBAL WAR ON TERRORISM
EXPEDITIONARY MEDAL OR  THE  IRAQ  CAMPAIGN  MEDAL  OR  THE  AFGHANISTAN
CAMPAIGN  MEDAL;  and who was a resident of the state of New York at the
time of entry upon such active duty or who shall have been a resident of

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this state for one year next preceding  the  application  for  admission
shall  be  entitled  to admission to said home after the approval of the
application by the board of visitors, subject to the provisions of  this
article  and  to the conditions, limitations and penalties prescribed by
the regulations of the department. Any such veteran  or  dependent,  who
otherwise  fulfills  the  requirements set forth in this section, may be
admitted directly to the skilled nursing facility or the health  related
facility  provided such veteran or dependent is certified by a physician
designated or approved by the department to require  the  type  of  care
provided by such facilities.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.