Relates to use of personal confidential information received from veterans or family members of veterans receiving services from the state and political subdivisions thereof.
TITLE OF BILL: An act to amend the executive law, in relation to personal confidential information obtained from veterans or family members of veterans receiving services from the state and political subdivisions thereof
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to inform veterans and their families of the many services and opportunities provided by the Division of Veteran's Affairs.
SUMMARY OF SPECIFIC PROVISIONS: Section one requires all subdivisions of the state to, when dealing with a client or customer, inquire as to whether or not he/she or a family member is a veteran.
This information will be private, and will be used only for the sake of informing the veteran or his/her family member that veterans are entitled to additional assistance and other benefits through the Division of Veteran's affairs.
JUSTIFICATION: Pursuant to Executive Order 12, "Establishing the New York State Council on Returning Veterans and Their Families" a report was issued with its results and recommendations. Among the recommendations to the Governor was agencies at all levels of state and local government must better identify and track veterans within their programs and ensure that appropriate services are being offered. Uniform methods of identifying veterans and their families should be developed. This bill is one step in that direction.
Veterans and their families often deal with numerous subdivisions of the state, from the DMV to Social Services. Often, they are not aware that in addition to the services they receive from these agencies, they are entitled to assistance through the Division of Veterans Affairs.
This bill will make sure that veterans and their families are notified whenever dealing with state agencies that they also have a tremendous additional resource in the Division of Veterans Affairs.
PRIOR LEGISLATIVE HISTORY: S.8075 - Referred to Veteran, Homeland Security and Military Affairs
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law, provided that any rules or regulations necessary for the implementation of this act on its effective date shall be promulgated on or before such date.
STATE OF NEW YORK ________________________________________________________________________ 3968 2011-2012 Regular Sessions IN SENATE March 11, 2011 ___________Introduced by Sen. ADAMS -- 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 personal confidential information obtained from veterans or family members of veterans receiving services from the state and political subdivisions thereof 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 354-e to read as follows: S 354-E. USE OF PERSONAL CONFIDENTIAL INFORMATION OBTAINED FROM VETER- ANS OR FAMILY MEMBERS OF VETERANS RECEIVING SERVICES FROM THE STATE AND POLITICAL SUBDIVISIONS THEREOF. 1. DEPARTMENTS, DIVISIONS, BUREAUS, BOARDS, COMMISSIONS AND AGENCIES OF THE STATE AND POLITICAL SUBDIVISIONS THEREOF, WHICH PROVIDE ASSISTANCE, TREATMENT, COUNSELING, CARE, SUPER- VISION OR CUSTODY IN SERVICE AREAS INVOLVING HEALTH, MENTAL HEALTH, FAMILY SERVICES, CRIMINAL JUSTICE OR EMPLOYMENT SHALL BE REQUIRED TO SOLICIT INFORMATION ON WHETHER THEIR CUSTOMER OR CLIENT IS A VETERAN AS DEFINED IN SECTION EIGHTY-FIVE OF THE CIVIL SERVICE LAW OR FAMILY MEMBER OF A VETERAN. ANY NEW FORMS CREATED AFTER THE EFFECTIVE DATE OF THIS ACT SHALL CONTAIN THE FOLLOWING QUESTIONS: "HAVE YOU SERVED IN THE UNITED STATES ARMED FORCES?" "HAS SOMEONE IN YOUR FAMILY SERVED IN THE UNITED STATES MILITARY?" 2. INDIVIDUALS IDENTIFYING THEMSELVES AS HAVING SERVED IN THE MILITARY OR A FAMILY MEMBER 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 AND MILITARY STATUS PROVIDED BY ASSISTED PERSONS SOLELY TO IMPLEMENT THIS SECTION SHALL BE PROTECTED AS PERSONAL CONFI- DENTIAL MATERIAL, AND USED ONLY TO ASSIST IN THE DIAGNOSIS, TREATMENT,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02941-01-1 S. 3968 2
ASSESSMENT AND HANDLING OF THE VETERAN'S OR FAMILY MEMBER'S PROBLEMS WITHIN THE AGENCY REQUESTING SUCH INFORMATION AND IN REFERRING THE VETERAN OR FAMILY MEMBER TO THE DIVISION OF VETERANS' AFFAIRS FOR THE INFORMATION AND ASSISTANCE WITH REGARD TO BENEFITS AND ENTITLEMENTS UNDER FEDERAL AND STATE LAW. S 2. This act shall take effect on the ninetieth day after it shall have become a law; provided that any rules or regulations necessary for the implementation of this act on its effective date shall be promulgat- ed on or before such date.