S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4395
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced by M. of A. B. MILLER, FINCH -- 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 355-a
 to read as follows:
   § 355-A. VETERANS' CLEARINGHOUSE. 1. THE DIVISION IS  HEREBY  DIRECTED
 TO CREATE AND MAINTAIN A CENTRALIZED DATABASE, TO BE KNOWN AS THE VETER-
 ANS'  CLEARINGHOUSE,  WHICH  SHALL  COLLECT  INFORMATION RELATING TO THE
 IDENTIFICATION OF VETERANS RESIDING IN THE STATE AND THE STATE OR FEDER-
 AL BENEFITS RECEIVED OR AVAILABLE TO VETERANS SO IDENTIFIED.
   2. THE DIVISION 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 IDENTIFICATION OF VETERANS RESID-
 ING 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 FOR INCLUSION  IN  THE
 VETERANS'  CLEARINGHOUSE.  SUCH  INFORMATION  SHARING  SHALL  BE FOR THE
 PURPOSES OF ALLOWING THE DIVISION TO (A) EXAMINE WHETHER ANY SUCH VETER-
 ANS ARE ELIGIBLE FOR FEDERAL OR STATE BENEFITS, AND (B) FORMULATE  POLI-
 CIES  THAT  ASSIST SUCH VETERANS IN OBTAINING SUCH BENEFITS. INDIVIDUALS
 IDENTIFYING THEMSELVES AS VETERANS SHALL BE ADVISED  THAT  THE  DIVISION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06576-01-9

 A. 4395                             2
 
 AND  LOCAL  VETERANS'  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 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 STATE DIRECTOR.
   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 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 FOR INFORMATION AND ASSIST-
 ANCE WITH REGARD TO BENEFITS AND ENTITLEMENTS UNDER  FEDERAL  AND  STATE
 LAW.
   7. THE DIVISION SHALL COLLECT AND MAINTAIN INFORMATION CONCERNING SUCH
 VETERANS  IN ACCORDANCE WITH LAW AND THE FEDERAL HEALTH INSURANCE PORTA-
 BILITY AND ACCOUNTABILITY ACT OF 1996 (P.L. 104-191) (HIPAA), AS AMENDED
 FROM TIME TO TIME, OR REGULATIONS ADOPTED THEREUNDER.
   8. THE STATE  DIRECTOR  SHALL  PROMULGATE  RULES  AND  REGULATIONS  TO
 PROVIDE FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
   §  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:
   § 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
 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

 A. 4395                             3
 
 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
 agencies 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  mili-
 tary  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 confiden-
 tial  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 bene-
 fits  and entitlements under federal and state law. INFORMATION PROVIDED
 TO THE DIVISION PURSUANT TO THIS SECTION SHALL BE INCLUDED IN THE VETER-
 ANS' CLEARINGHOUSE ESTABLISHED PURSUANT TO SECTION THREE HUNDRED  FIFTY-
 FIVE-A OF THIS ARTICLE.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. 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 to be made and completed
 on or before such effective date.