S T A T E O F N E W Y O R K
________________________________________________________________________
8729
I N A S S E M B L Y
January 11, 2022
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Veterans' Affairs
AN ACT to amend the executive law and the public health law, in relation
to veteran access to certain benefits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 368-a of the executive law, as added by a chapter
of the laws of 2021 amending the executive law and the public health law
relating to certain questions regarding veterans on intake forms for
admission and residency, as proposed in legislative bills numbers S.
2977-A and A. 6100-A, is amended to read as follows:
§ 368-a. Intake forms for admission and residency. 1. The division, in
cooperation with the office of temporary and disability assistance[, the
office of mental health] and any other state department, office, divi-
sion or agency the division deems necessary, shall require that all
intake forms for admission or residency to any [homeless] TEMPORARY
shelter THAT IS REIMBURSED FROM STATE OR STATE-ADMINISTERED GRANTS OR
FUNDS shall ask an applicant [on their intake forms]: "Have you OR
ANYONE IN YOUR HOUSEHOLD ever [served] BEEN in the UNITED STATES mili-
tary?". [Such homeless shelter] EACH SOCIAL SERVICES DISTRICT OR SOCIAL
SERVICES DISTRICT'S DESIGNEE shall in writing advise all individuals
APPLYING FOR TEMPORARY HOUSING ASSISTANCE AND identifying themselves as
having [served] BEEN in the United States military that the division of
veterans' services and local veterans' service agencies established
pursuant to section three hundred fifty-seven of this article provide
assistance to veterans regarding benefits available under federal and
state law. Such written information shall include the name, address and
telephone number of the New York state division of veterans' services,
the nearest division of veterans' services office, the nearest county or
city veterans' service agency and the nearest accredited veterans'
service officer. [Every homeless shelter] EACH SOCIAL SERVICES DISTRICT
OR SOCIAL SERVICES DISTRICT'S DESIGNEE, with the permission of such
individual's identifying themself as a veteran, shall transmit such
veteran's status information to the division of veterans' services.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01922-04-2
A. 8729 2
2. THE DIVISION, IN COOPERATION WITH THE OFFICE OF TEMPORARY AND DISA-
BILITY ASSISTANCE AND ANY OTHER STATE DEPARTMENT, OFFICE, DIVISION OR
AGENCY THE DIVISION DEEMS NECESSARY, SHALL ENCOURAGE ALL OTHER TEMPORARY
SHELTER PROVIDERS TO SHARE INFORMATION TO INCREASE VETERAN ACCESS TO
BENEFITS BY:
(A) PROVIDING INFORMATION ON THE DIVISION WEBSITE INCLUDING:
(I) POTENTIAL QUESTIONS FOR INCLUSION ON INTAKE FORMS INCLUDING, BUT
NOT LIMITED TO: "HAVE YOU OR ANYONE IN YOUR HOUSEHOLD EVER BEEN IN THE
UNITED STATES MILITARY?";
(II) ADVISING SUCH PROVIDERS THAT ALL INDIVIDUALS IDENTIFYING THEM-
SELVES AS HAVING BEEN IN THE UNITED STATES MILITARY THAT THE DIVISION
AND LOCAL VETERANS' SERVICE AGENCIES PROVIDE ASSISTANCE TO VETERANS
REGARDING BENEFITS AVAILABLE UNDER FEDERAL AND STATE LAW; AND
(III) THE ADDRESS AND TELEPHONE NUMBER OF THE DIVISION, COUNTY AND
CITY VETERANS' SERVICE AGENCIES AND ACCREDITED VETERANS' SERVICE OFFI-
CERS; AND
(B) FACILITATING THE TRANSMISSION OF SUCH VETERAN'S STATUS INFORMA-
TION, WITH THE PERMISSION OF INDIVIDUALS IDENTIFYING THEMSELVES AS A
VETERAN, TO THE DIVISION.
§ 2. Section 2805-o of the public health law, as amended by a chapter
of the laws of 2021 amending the executive law and the public health law
relating to certain questions regarding veterans on intake forms for
admission and residency, as proposed in legislative bills numbers S.
2977-A and A. 6100-A, is amended to read as follows:
§ 2805-o. Identification of veterans and their spouses by nursing
homes, residential health care facilities, and [assisted living resi-
dences] ADULT CARE FACILITIES. 1. Every nursing home and residential
health care facility as defined in subdivisions two and three of section
two thousand eight hundred one of this article and [assisted living
residences as defined in section forty-six hundred fifty-one of this
chapter] EVERY ADULT CARE FACILITY LICENSED AND CERTIFIED BY THE DEPART-
MENT PURSUANT TO TITLE TWO OF ARTICLE SEVEN OF THE SOCIAL SERVICES LAW
OR ARTICLE FORTY-SIX-B OF THIS CHAPTER, INCLUDING ALL ADULT HOMES,
ENRICHED HOUSING PROGRAMS, RESIDENCES FOR ADULTS, ASSISTED LIVING
PROGRAMS, AND ASSISTED LIVING RESIDENCES shall keep and maintain accu-
rate records identifying veterans and their spouses residing within such
facilities. Such information shall be solicited by nursing home and/or
residential health care facility staff upon a patient's admission, noted
on the admission form, and included with the patient's file by asking
the question "Have you OR YOUR SPOUSE ever served in the United States
military?". In the case of patients currently residing at such nursing
homes or residential health care facilities, staff shall solicit such
information by asking the question "Have you OR YOUR SPOUSE ever served
in the United States military?" from each patient residing at such
institution and update the patient's file to indicate veteran status.
2. Every nursing home, residential health care facility and [assisted
living residences] EVERY ADULT CARE FACILITY LICENSED AND CERTIFIED BY
THE DEPARTMENT PURSUANT TO TITLE TWO OF ARTICLE SEVEN OF THE SOCIAL
SERVICES LAW OR ARTICLE FORTY-SIX-B OF THIS CHAPTER, INCLUDING ALL ADULT
HOMES, ENRICHED HOUSING PROGRAMS, RESIDENCES FOR ADULTS, ASSISTED LIVING
PROGRAMS, AND ASSISTED LIVING RESIDENCES shall in writing advise all
individuals identifying themselves as veterans or spouses of veterans
that the division of veterans' services and local veterans' service
agencies established pursuant to section three hundred fifty-seven of
the executive law to provide assistance to veterans and their spouses
regarding benefits under federal and state law. Such written information
A. 8729 3
shall include the name, address and telephone number of the New York
state division of veterans' services, the nearest division of veterans'
services office, the nearest county or city veterans' service agency and
the nearest accredited veterans' service officer.
3. Every nursing home, residential health care facility and [assisted
living residence] EVERY ADULT CARE FACILITY LICENSED AND CERTIFIED BY
THE DEPARTMENT PURSUANT TO TITLE TWO OF ARTICLE SEVEN OF THE SOCIAL
SERVICES LAW OR ARTICLE FORTY-SIX-B OF THIS CHAPTER, INCLUDING ALL ADULT
HOMES, ENRICHED HOUSING PROGRAMS, RESIDENCES FOR ADULTS, ASSISTED LIVING
PROGRAMS, AND ASSISTED LIVING RESIDENCES, with the permission of indi-
viduals identifying themselves as veterans or spouses of veterans, shall
transmit such veteran status information to the division of veterans'
services.
4. Any person who violates the provisions of this section shall be
subject to a civil fine not to exceed fifty dollars per violation but in
no event shall any fine exceed one thousand dollars.
§ 3. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2021 amending the executive law and
the public health law relating to certain questions regarding veterans
on intake forms for admission and residency, as proposed in legislative
bills numbers S. 2977-A and A. 6100-A, takes effect.