NY State Senate Bill 2021-S2977

Senate Bill S2977

Signed By Governor

2021-2022 Legislative Session

Relates to certain questions regarding veterans on intake forms for admission and residency

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 11, 2021	approval memo.39 signed chap.609
Nov 10, 2021	delivered to governor
Jun 03, 2021	returned to senate passed assembly ordered to third reading rules cal.336 substituted for a6100a
Jun 01, 2021	referred to veterans' affairs delivered to assembly passed senate
May 24, 2021	amended on third reading (t) 2977a
Apr 21, 2021	advanced to third reading
Apr 20, 2021	2nd report cal.
Apr 19, 2021	1st report cal.682
Jan 26, 2021	referred to veterans, homeland security and military affairs

Votes

- Jun 1, 2021 - Floor Vote
  S2977
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Apr 19, 2021 - Veterans, Homeland Security And Military Affairs Committee Vote
  S2977
  
  8
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Veterans, Homeland Security And Military Affairs Committee Vote: Apr 19, 2021
      
      aye (8)
      
      Addabbo Jr.
      
      Brooks
      
      Harckham
      
      Jordan
      
      Reichlin-Melnick
      
      Sanders Jr.
      
      Serrano
      
      Weik
      
      aye wr (1)
      
      Ritchie

Bill Amendments

Original

A (Active)

2021-S2977 - Details

Law Section:: Executive Law
Laws Affected:: Add §368-a, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S7042

2021-S2977 - Summary

Relates to certain questions regarding veterans on intake forms for admission and residency.

2021-S2977 - Sponsor Memo

                                
 
BILL NUMBER: S2977

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the executive law, in relation to certain questions
regarding veterans on intake forms for admission and residency

 
PURPOSE:

The purpose of this bill to require that all intake forms for admission
or residency to any hospital, nursing home, assisted living facility or
homeless shelter that requires information regarding an applicant's
military status state the question to obtain such information in the
following manner: "Have you ever served in the military?" and no longer
use "Are you a veteran?".

 
SUMMARY OF PROVISIONS:

Section 1 - Amends the law by adding section 268-a Section 2 - provides
the effective date.

 
JUSTIFICATION:

The American Academy of Nursing's (AAN) Military and Veterans Expert
Panel has recognized that war wounds can go undetected, this is partly
due to less than one third of veterans seeking care in Veteran's health
administration and similarly those who served with the National Guard
and reserve components receive healthcare from private sectors. Changing
the language of intake forms to "Have you ever served in the military?"
opens the lines of communication between providers and clients to ensure
that no one falls between the gaps and everyone receives the specialized
care they may require.

 
LEGISLATIVE HISTORY:

2020: S7042 referred to Veteran Affairs; same as A9541 (Cusick) referred
to Veterans affairs

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act should take effect on the 120 days after it becomes a law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
date.

2021-S2977 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2977
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 AN ACT to amend the executive law,  in  relation  to  certain  questions
   regarding veterans on intake forms for admission and residency

   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  368-a
 to read as follows:
   § 368-A. INTAKE FORMS FOR ADMISSION AND RESIDENCY. 1.  NOTWITHSTANDING
 ANY  OTHER  PROVISION  OF  LAW,  THE  DIVISION,  IN COOPERATION WITH THE
 DEPARTMENT OF HEALTH, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE,
 THE OFFICE OF MENTAL HEALTH AND  ANY  OTHER  STATE  DEPARTMENT,  OFFICE,
 DIVISION  OR AGENCY THE DIVISION DEEMS NECESSARY, SHALL REQUIRE THAT ALL
 INTAKE FORMS FOR ADMISSION OR RESIDENCY TO ANY HOSPITAL,  NURSING  HOME,
 ASSISTED  LIVING  FACILITY  OR HOMELESS SHELTER THAT REQUIRE INFORMATION
 REGARDING AN APPLICANT'S MILITARY STATUS STATE THE  QUESTION  TO  OBTAIN
 SUCH  INFORMATION  IN THE FOLLOWING MANNER: "HAVE YOU EVER SERVED IN THE
 MILITARY?".  IN ADDITION, THE DIVISION, IN COOPERATION WITH SUCH DEPART-
 MENTS, OFFICES, DIVISIONS OR AGENCIES, SHALL NO LONGER USE THE FOLLOWING
 LANGUAGE, OR ANY LANGUAGE SIMILAR THERETO: "ARE YOU A VETERAN?".
   2. THE STATE DIRECTOR IS AUTHORIZED  TO  PROMULGATE  RULES  AND  REGU-
 LATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01922-01-1

2021-S2977A (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Add §368-a, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S7042

2021-S2977A (ACTIVE) - Summary

Relates to certain questions regarding veterans on intake forms for admission and residency.

2021-S2977A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2977A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the executive law and the public health law, in relation
to certain questions regarding veterans on intake forms for admission
and residency

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require that all intake forms for admis-
sion or residency to any nursing home, assisted living residence or
homeless shelter that requires information regarding an applicant's
military status state the question to obtain such information in the
following manner: "Have you ever served in the military?"

 
SUMMARY OF PROVISIONS:

Section 1 - the Executive law is amended by adding a new section 368-a.

Section 2: Amends Public Health Law § 2805-0

Section 3- Provides the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

This bill removes hospitals because there are several types of hospitals
including general hospitals, and the question Have you ever served in
the military" is asked.

 
JUSTIFICATION:

The American Academy of Nursing's (AAN) Expert Panel on Military &
Veterans Health identifies issues associated with the provision of
health care to veterans. They have recognized that war wounds often are
undetected, partly because less than one third of veterans seeking care
in a Veteran's health administration, and similarly those who served
with the National Guard and reserve components receive healthcare from
private sectors. Changing the language of intake forms to Have you ever
served in the military?" opens the lines of communication between
providers and clients to ensure that no one falls between the gaps and
everyone receives the specialized care they may require. This informa-
tion will improve diagnoses and could lead to better healthcare
solutions.

 
PRIOR LEGISLATIVE HISTORY:

2020: A.9541-Referred to Veterans' Affairs;
S.7042-Referred to Veterans, Homeland Security and Military Affairs.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on 120 days after it becomes a law.  Effec-
tive 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 date.

2021-S2977A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2977--A
     Cal. No. 682
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs -- reported  favorably  from  said  committee,
   ordered  to  first  and  second  report,  ordered  to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN ACT to amend the executive law and the public health law, in relation
   to  certain questions regarding veterans on intake forms for admission
   and residency
 
   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 368-a
 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, DIVISION
 OR  AGENCY  THE  DIVISION DEEMS NECESSARY, SHALL REQUIRE THAT ALL INTAKE
 FORMS FOR ADMISSION OR RESIDENCY TO ANY HOMELESS SHELTER  SHALL  ASK  AN
 APPLICANT  ON  THEIR  INTAKE FORMS:   "HAVE YOU EVER SERVED IN THE MILI-
 TARY?".  SUCH HOMELESS SHELTER SHALL IN WRITING ADVISE  ALL  INDIVIDUALS
 IDENTIFYING  THEMSELVES  AS  HAVING SERVED 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,  WITH  THE
 PERMISSION OF SUCH INDIVIDUAL'S IDENTIFYING THEMSELF AS A VETERAN, SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01922-03-1

 S. 2977--A                          2
 
 TRANSMIT  SUCH VETERAN'S STATUS INFORMATION TO THE DIVISION OF VETERANS'
 SERVICES.
   §  2. Section 2805-o of the public health law, as added by chapter 158
 of the laws of 1993, the section heading as amended by chapter 95 of the
 laws of 2004, and subdivisions 2 and 3 as amended by section 22 of  part
 AA of chapter 56 of the laws of 2019, is amended to read as follows:
   §  2805-o.  Identification  of  veterans  and their spouses by nursing
 homes [and], residential health  care  facilities  AND  ASSISTED  LIVING
 RESIDENCES.  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 shall keep and main-
 tain  accurate  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 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 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 [and],  residential  health  care  facility  AND
 ASSISTED LIVING RESIDENCES shall in writing advise all individuals iden-
 tifying  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 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  [and],  residential health care facility AND
 ASSISTED LIVING RESIDENCE, [upon request] 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 one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.

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