Bill S7588-2013

Clarifies eligibility requirements for admission to the New York state veterans' home

Clarifies eligibility requirements for admission to the New York State Veterans' home.

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  • May 15, 2014: REFERRED TO HEALTH

Memo

BILL NUMBER:S7588

TITLE OF BILL: An act to amend the public health law, in relation to clarifying eligibility requirements for admission to the New York state veterans' home

PURPOSE OR GENERAL IDEA OF BILL:

Extends admissions to the New York state veterans' nursing homes to certain veterans.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends subdivision 1 of section 2632 of the public health law, as amended by Chapter 467 of the Laws of 1991, the opening paragraph as amended by Chapter 455 of the Laws of 2002, paragraph (d) as amended by Chapter 616 of the Laws of 1995 and paragraph (f) as amended by Chapter 179 of the Laws of 2006 to add veterans who served in Bosnia and Herzgegovina from November 21, 1995 to November 1, 2007 or was a recipient of the Kosovo campaign medal; veterans who served in the United States military and were exposed to radiation during military service in a "radiation-risk activity and military service in Operation Enduring Freedom, Operation Iraqi Freedom or Operation New Dawn and was the recipient of the Global War on Terrorism Expeditionary Medal or the Iraq Campaign Medal or the Afghanistan Campaign Medal.

Section states the effective date.

JUSTIFICATION:

New York State is the home to the second highest population of veterans in the United States. Many of New York's older veterans served honorably in World War II, Korea and Vietnam, and through out the Cold War, and admission to the New York State Veterans' Home is justifiably available to these service members.

As our veterans population ages, service members who served in combat operations during more recent conflicts such as the Persian Gulf. Bosnia and Herzgegovina, Afghanistan and Iraq should be afforded the same eligibility for the New York State Veterans' Nursing Home program.

PRIOR LEGISLATIVE HISTORY:

A.10213 (Ramos) Passed Assembly.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This bill will expand the pool of eligible applicants to help veterans' homes to fill vacant beds and remain viable and self-supporting.

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7588 IN SENATE May 15, 2014 ___________
Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to clarifying eligi- bility requirements for admission to the New York state veterans' home THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 2632 of the public health law, as amended by chapter 467 of the laws of 1991, the opening paragraph as amended by chapter 455 of the laws of 2002, paragraph (d) as amended by chapter 616 of the laws of 1995 and paragraph (f) as amended by chapter 179 of the laws of 2006, is amended to read as follows: 1. Every veteran of the armed forces of the United States, who (i) was separated or discharged under honorable conditions after serving on active duty therein for a period of not less than thirty days, or (ii) was separated or discharged under honorable conditions after serving on active duty therein for a period of not less than thirty days and who was a recipient of the armed forces expeditionary medal, navy expedi- tionary medal or marine corps expeditionary medal for participation in operations in Lebanon from June first, nineteen hundred eighty-three to December first, nineteen hundred eighty-seven, in Grenada from October twenty-third, nineteen hundred eighty-three to November twenty-first, nineteen hundred eighty-three, or in Panama from December twentieth, nineteen hundred eighty-nine to January thirty-first, nineteen hundred ninety, OR IN BOSNIA AND HERZGEGOVINA FROM NOVEMBER TWENTY-FIRST, NINE- TEEN HUNDRED NINETY-FIVE TO NOVEMBER FIRST, TWO THOUSAND SEVEN, OR WAS A RECIPIENT OF THE KOSOVO CAMPAIGN MEDAL or (iii) was separated or discharged under honorable conditions after serving on active duty ther- ein for a period of not less than thirty days and who served during the period of actual hostilities of either (a) the Spanish-American war; or (b) the incidental insurrection in the Philippines prior to July fourth, nineteen hundred two; or (c) world war I between April sixth, nineteen hundred seventeen and November eleventh, nineteen hundred eighteen, both inclusive; or
(d) world war II between December seventh, nineteen hundred forty-one and December thirty-first, nineteen hundred forty-six, both inclusive, or who was employed by the War Shipping Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the United States Coast Guard or Department of Commerce, or as a civil servant employed by the United States Army Transport Service (later redesignated as the United States Army Transportation Corps, Water Division) or the Naval Transportation Service; and who served satisfactorily as a crew member during the period of armed conflict, December seventh, nineteen hundred forty-one, to August fifteenth, nine- teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service as such terms are defined under federal law (46 USCA 10301 & 10501) and further to include "near foreign" voyages between the United States and Canada, Mexico, or the West Indies via ocean routes, or public vessels in oceangoing service or foreign waters and who has received a Certificate of Release or Discharge from Active Duty and a discharge certificate, or an Honorable Service Certificate/Report of Casualty, from the Department of Defense, or who served as a United States civilian employed by the American Field Service and served overseas under United States Armies and United States Army Groups in world war II during the period of armed conflict, Decem- ber seventh, nineteen hundred forty-one through May eighth, nineteen hundred forty-five, and who was discharged or released therefrom under honorable conditions, or who served as a United States civilian Flight Crew and Aviation Ground Support Employee of Pan American World Airways or one of its subsidiaries or its affiliates and served overseas as a result of Pan American's contract with Air Transport Command or Naval Air Transport Service during the period of armed conflict, December fourteenth, nineteen hundred forty-one through August fourteenth, nine- teen hundred forty-five, and who was discharged or released therefrom under honorable conditions; or (e) Korean conflict between June twenty-seventh, nineteen hundred fifty and January thirty-first, nineteen hundred fifty-five, both inclu- sive; or (f) Viet Nam conflict between February twenty-eighth, nineteen hundred sixty-one and May seventh, nineteen hundred seventy-five, both inclu- sive; or (g) VETERANS WHO SERVED IN THE UNITED STATES MILITARY AND WERE EXPOSED TO RADIATION DURING MILITARY SERVICE IN A "RADIATION-RISK ACTIVITY" DEFINED AS PARTICIPATION IN THE OCCUPATION OF HIROSHIMA OR NAGASAKI, JAPAN BETWEEN AUGUST SIXTH, NINETEEN HUNDRED FORTY-FIVE THROUGH JULY FIRST, NINETEEN HUNDRED FORTY-SIX; WERE PRISONERS OF WAR IN JAPAN DURING WORLD WAR II; ONSITE PARTICIPATION IN A TEST INVOLVING THE ATMOSPHERIC DETONATION OF A NUCLEAR DEVICE, WHETHER OR NOT THE TESTING NATION WAS THE UNITED STATES; OR (H) in the Persian Gulf conflict from the second day of August, nine- teen hundred ninety to the end of such conflict INCLUDING MILITARY SERVICE IN OPERATION ENDURING FREEDOM, OPERATION IRAQI FREEDOM OR OPERA- TION NEW DAWN AND WAS THE RECIPIENT OF THE GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL OR THE IRAQ CAMPAIGN MEDAL OR THE AFGHANISTAN CAMPAIGN MEDAL; and who was a resident of the state of New York at the time of entry upon such active duty or who shall have been a resident of this state for one year next preceding the application for admission shall be entitled to admission to said home after the approval of the application by the board of visitors, subject to the provisions of this article and to the conditions, limitations and penalties prescribed by
the regulations of the department. Any such veteran or dependent, who otherwise fulfills the requirements set forth in this section, may be admitted directly to the skilled nursing facility or the health related facility provided such veteran or dependent is certified by a physician designated or approved by the department to require the type of care provided by such facilities. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

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