A04551 Summary:

BILL NOA04551
 
SAME ASNo Same As
 
SPONSORMiller
 
COSPNSRBlankenbush, Manktelow, Hawley, DeStefano, Tannousis, Lemondes, Brown K, Simpson, Gallahan, Byrnes, Norris
 
MLTSPNSRAngelino
 
Add §355-a, amd §354-a, Exec L
 
Creates a veterans' clearinghouse for purposes of identifying veterans eligible for benefits; requires the division of veterans' affairs to enter into a memorandum of understanding with the US department of veterans' affairs that allows sharing of information; requires entities of the state and political subdivisions thereof to report information regarding veterans receiving aid to the clearinghouse; provides that such entities make such reports on a quarterly basis; provides that disclosure of any information held by the clearinghouse comply with article 6-A of the public officers law; provides that collection and maintenance of such information comply with HIPAA; provides that the director of veterans' affairs shall promulgate rules and regulations to implement the clearinghouse.
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A04551 Actions:

BILL NOA04551
 
02/16/2023referred to veterans' affairs
01/03/2024referred to veterans' affairs
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A04551 Committee Votes:

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A04551 Floor Votes:

There are no votes for this bill in this legislative session.
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A04551 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4551
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 16, 2023
                                       ___________
 
        Introduced by M. of A. MILLER -- 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:
 
     1    Section 1.  The executive law is amended by adding a new section 355-a
     2  to read as follows:
     3    § 355-a. Veterans' clearinghouse. 1. The division is  hereby  directed
     4  to create and maintain a centralized database, to be known as the veter-
     5  ans'  clearinghouse,  which  shall  collect  information relating to the
     6  identification of veterans residing in the state and the state or feder-
     7  al benefits received or available to veterans so identified.
     8    2. The division shall enter into a memorandum  of  understanding  with
     9  the  United  States  department of veterans' affairs that allows for the
    10  sharing of information relating to the identification of veterans resid-
    11  ing in the state who are receiving or  eligible  for  federal  veterans'
    12  benefits.
    13    3.  All departments, divisions, bureaus, boards, commissions and agen-
    14  cies of the state and  political  subdivisions  thereof,  which  provide
    15  assistance  or other benefits to individuals, when the provision of such
    16  assistance or benefits is related to the recipient's veteran  status  or
    17  military  experiences,  shall request that such assisted persons provide
    18  information with regard to their veteran status and military experiences
    19  and shall report such information to the division for inclusion  in  the
    20  veterans'  clearinghouse.  Such  information  sharing  shall  be for the
    21  purposes of allowing the division to (a) examine whether any such veter-
    22  ans are eligible for federal or state benefits, and (b) formulate  poli-
    23  cies  that  assist such veterans in obtaining such benefits. Individuals
    24  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.
                                                                   LBD07165-01-3

        A. 4551                             2
 
     1  and  local  veterans'  service  agencies established pursuant to section
     2  three hundred fifty-seven of this article provide assistance to veterans
     3  regarding benefits under federal and state law.
     4    4.  The departments, divisions, bureaus, boards, commissions and agen-
     5  cies of the state and political subdivisions thereof, which are required
     6  to report information to the division for  inclusion  in  the  veterans'
     7  clearinghouse  pursuant  to  subdivision  three  of  this section, shall
     8  submit such a report on a quarterly basis in a form  and  manner  to  be
     9  determined by the state director.
    10    5.  The departments, divisions, bureaus, boards, commissions and agen-
    11  cies of the state and political subdivisions thereof, which are required
    12  to report information to the division for  inclusion  in  the  veterans'
    13  clearinghouse  pursuant  to  subdivision  three  of  this section, shall
    14  include, but shall not be  limited  to,  those  departments,  divisions,
    15  bureaus,  boards,  commissions  and  agencies of the state and political
    16  subdivisions thereof, which are subject to the requirements  of  section
    17  three hundred fifty-four-a of this article, and:
    18    (a) the division of military and naval affairs;
    19    (b)  local  assessor units, which shall be required to report informa-
    20  tion regarding owners of real property who are recipients  of  the  real
    21  property  tax  exemption provided by section four hundred fifty-eight or
    22  four hundred fifty-eight-a of the real property tax law;
    23    (c) the higher education services corporation, which shall be required
    24  to report information regarding the identity of any  recipients  of  the
    25  veterans'  tuition award provided by section six hundred sixty-nine-a of
    26  the education law;
    27    (d) the board of visitors of each state veterans' home, which shall be
    28  required to report information regarding the identity  of  residents  of
    29  each  home admitted pursuant to section twenty-six hundred thirty-two of
    30  the public health law; and
    31    (e) county and city veterans' service agencies.
    32    6.  Information  regarding  veterans'  status  and  military   service
    33  provided  by  assisted persons solely to implement this section shall be
    34  protected as personal confidential information under  article  six-A  of
    35  the public officers law against disclosure of confidential material, and
    36  used only to assist in the diagnosis, treatment, assessment and handling
    37  of  the veteran's problems within the agency requesting such information
    38  and in referring the veteran to the division for information and assist-
    39  ance with regard to benefits and entitlements under  federal  and  state
    40  law.
    41    7. The division shall collect and maintain information concerning such
    42  veterans  in accordance with law and the federal Health Insurance Porta-
    43  bility and Accountability Act of 1996 (P.L. 104-191) (HIPAA), as amended
    44  from time to time, or regulations adopted thereunder.
    45    8. The state  director  shall  promulgate  rules  and  regulations  to
    46  provide for the implementation of the provisions of this section.
    47    §  2. Section 354-a of the executive law, as amended by chapter 602 of
    48  the laws of 2021, is amended to read as follows:
    49    § 354-a. Information  on  status  of  veterans  receiving  assistance.
    50  Departments, divisions, bureaus, boards, commissions and agencies of the
    51  state  and  political  subdivisions  thereof,  which provide assistance,
    52  treatment, counseling, care, supervision or  custody  in  service  areas
    53  involving  health,  mental  health, family services, criminal justice or
    54  employment, including  but  not  limited  to  the  office  of  addiction
    55  services  and supports, office of mental health, office of probation and
    56  correctional alternatives,  office  of  children  and  family  services,

        A. 4551                             3
 
     1  office  of  temporary  and  disability assistance, department of health,
     2  department of labor,  local  workforce  investment  boards,  office  for
     3  people  with  developmental  disabilities, and department of corrections
     4  and  community  supervision,  shall  request assisted persons to provide
     5  information with regard to their veteran  status  and  military  experi-
     6  ences.  Individuals  identifying themselves as veterans, including indi-
     7  viduals requesting and obtaining a veterans notation on  their  driver's
     8  license  or  non-driver  identification  card  pursuant to sections four
     9  hundred ninety and five hundred two of  the  vehicle  and  traffic  law,
    10  shall  be  advised  that  the  division  of veterans' services and local
    11  veterans' service agencies established pursuant to section three hundred
    12  fifty-seven of this article provide  assistance  to  veterans  regarding
    13  benefits  under  federal  and  state law. Information regarding veterans
    14  status and military service  provided  by  assisted  persons  solely  to
    15  implement  this  section  shall  be  protected  as personal confidential
    16  information under article six-A  of  the  public  officers  law  against
    17  disclosure  of  confidential  material,  and  used only to assist in the
    18  diagnosis, treatment, assessment and handling of the veteran's  problems
    19  within  the  agency  requesting  such  information  and in referring the
    20  veteran to the  division  of  veterans'  services  for  information  and
    21  assistance  with  regard  to benefits and entitlements under federal and
    22  state law.   Information provided  to  the  division  pursuant  to  this
    23  section  shall  be  included  in the veterans' clearinghouse established
    24  pursuant to section three hundred fifty-five-a of this article.
    25    § 3. This act shall take effect on the ninetieth day  after  it  shall
    26  have  become  a  law;  provided, however, that the amendments to section
    27  354-a of the executive law made by section two of  this  act  shall  not
    28  affect  the  repeal  of such section and shall be deemed repealed there-
    29  with.  Effective immediately, the addition, amendment and/or  repeal  of
    30  any  rule  or regulation necessary for the implementation of this act on
    31  its effective date are authorized to be made and completed on or  before
    32  such effective date.
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