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S02977 Summary:

S02977 Actions:

S02977 Committee Votes:

S02977 Floor Votes:

S02977 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2977--A
            Cal. No. 682
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    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:
 
     1    Section  1. The executive law is amended by adding a new section 368-a
     2  to read as follows:
     3    § 368-a. Intake forms for admission and residency. 1. The division, in
     4  cooperation with the office of temporary and disability assistance,  the
     5  office of mental health and any other state department, office, division
     6  or  agency  the  division deems necessary, shall require that all intake
     7  forms for admission or residency to any homeless shelter  shall  ask  an
     8  applicant  on  their  intake forms:   "Have you ever served in the mili-
     9  tary?".  Such homeless shelter shall in writing advise  all  individuals
    10  identifying  themselves  as  having served in the United States military
    11  that the division of veterans'  services  and  local  veterans'  service
    12  agencies  established  pursuant  to section three hundred fifty-seven of
    13  this article provide assistance to veterans regarding benefits available
    14  under federal and state law. Such written information shall include  the
    15  name,  address  and  telephone  number of the New York state division of
    16  veterans' services, the nearest division of veterans'  services  office,
    17  the  nearest  county  or  city  veterans' service agency and the nearest
    18  accredited veterans' service officer. Every homeless shelter,  with  the
    19  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
 
     1  transmit  such veteran's status information to the division of veterans'
     2  services.
     3    §  2. Section 2805-o of the public health law, as added by chapter 158
     4  of the laws of 1993, the section heading as amended by chapter 95 of the
     5  laws of 2004, and subdivisions 2 and 3 as amended by section 22 of  part
     6  AA of chapter 56 of the laws of 2019, is amended to read as follows:
     7    §  2805-o.  Identification  of  veterans  and their spouses by nursing
     8  homes [and], residential health  care  facilities  and  assisted  living
     9  residences.  1.  Every nursing home and residential health care facility
    10  as defined in subdivisions two and three of section two  thousand  eight
    11  hundred one of this article and assisted living residences as defined in
    12  section forty-six hundred fifty-one of this chapter shall keep and main-
    13  tain  accurate  records  identifying veterans and their spouses residing
    14  within such facilities. Such information shall be solicited  by  nursing
    15  home  and/or  residential  health  care  facility staff upon a patient's
    16  admission, noted on the admission form, and included with the  patient's
    17  file  by  asking the question "Have you ever served in the United States
    18  military?". In the case of patients currently residing at  such  nursing
    19  homes  or  residential  health care facilities, staff shall solicit such
    20  information by asking the question "Have you ever served in  the  United
    21  States  military?"  from  each  patient residing at such institution and
    22  update the patient's file to indicate veteran status.
    23    2. Every nursing home [and],  residential  health  care  facility  and
    24  assisted living residences shall in writing advise all individuals iden-
    25  tifying  themselves as veterans or spouses of veterans that the division
    26  of veterans' services and local veterans' service  agencies  established
    27  pursuant  to  section  three hundred fifty-seven of the executive law to
    28  provide assistance to veterans  and  their  spouses  regarding  benefits
    29  under  federal and state law. Such written information shall include the
    30  name, address and telephone number of the New  York  state  division  of
    31  veterans'  services,  the nearest division of veterans' services office,
    32  the nearest county or city veterans'  service  agency  and  the  nearest
    33  accredited veterans' service officer.
    34    3.  Every  nursing  home  [and],  residential health care facility and
    35  assisted living residence, [upon request] with the permission  of  indi-
    36  viduals identifying themselves as veterans or spouses of veterans, shall
    37  transmit  such  veteran  status information to the division of veterans'
    38  services.
    39    4. Any person who violates the provisions of  this  section  shall  be
    40  subject to a civil fine not to exceed fifty dollars per violation but in
    41  no event shall any fine exceed one thousand dollars.
    42    § 3. This act shall take effect on the one hundred twentieth day after
    43  it  shall have become a law. Effective immediately, the addition, amend-
    44  ment and/or repeal of any rule or regulation necessary for the implemen-
    45  tation of this act on its effective date are authorized to be  made  and
    46  completed on or before such date.