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A09981 Summary:

BILL NOA09981A
 
SAME ASSAME AS S08968
 
SPONSORWallace
 
COSPNSRPheffer Amato, Mosley
 
MLTSPNSR
 
Amd 353, Exec L
 
Relates to the duties of the division of veterans' affairs concerning information about veterans received from nursing homes and residential health care facilities, including assisted living facilities and assisted living residences and adult care facilities.
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A09981 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9981A
 
SPONSOR: Wallace
  TITLE OF BILL: An act to amend the executive law, in relation to the duties of the division of veterans' affairs concerning information about veterans received from nursing homes and residential health care facili- ties   PURPOSE OR GENERAL IDEA OF BILL: This legislation would ensure that veterans and spouses of veterans in nursing homes and residential health care facilities including assisted living facilities are identified and such information is transmitted to state counselors who determine if they are receiving all their deserving benefits.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends Subdivision 17 and 18 of section 353 of the executive law, as amended by chapter 95 of the laws of 2004 and as renumbered by chapter 652 of the laws of 2007. Section 2: Effective Date   EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: This bill adds operators of assisted living and assisted living resi- dences as defined in section forty-six hundred fifty-one of the public health law and adult care facilities authorized under title two of arti- cle seven of the social services law to those who would be required to advise their residents identifying themselves as veterans (or spouses of veterans) in writing of benefits under both federal and state law.   JUSTIFICATION: The goal of the New York State Division of Veterans' Affairs is to leave no veteran behind and to ensure that all veterans that are residents of this State know about their benefits on the federal, state,and local levels of government. Since the time this subdivision was first in enacted in 1993, assisted-living facilities have become another option of residency for the older population. This measure reflects this change.   PRIOR LEGISLATIVE HISTORY: New Legislation.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None noted.   EFFECTIVE DATE: Immediately.
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A09981 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9981--A
                                                                Cal. No. 818
 
                   IN ASSEMBLY
 
                                      March 5, 2018
                                       ___________
 
        Introduced  by  M. of A. WALLACE, PHEFFER AMATO, MOSLEY -- read once and
          referred to the Committee on Veterans' Affairs -- advanced to a  third
          reading,  amended  and  ordered  reprinted, retaining its place on the
          order of third reading
 
        AN ACT to amend the executive law, in relation  to  the  duties  of  the
          division  of  veterans'  affairs concerning information about veterans
          received from nursing homes and residential health care facilities
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 17 and 18 of section 353 of the executive law,
     2  as  amended by chapter 95 of the laws of 2004 and as renumbered by chap-
     3  ter 652 of the laws of 2007, are amended to read as follows:
     4    17. To process all information received from nursing homes  and  resi-
     5  dential  health  care facilities, including assisted living and assisted
     6  living residences as defined in section forty-six hundred  fifty-one  of
     7  the  public health law, and adult care facilities authorized under title
     8  two of article seven of the social services law, indicating  veteran  or
     9  veteran  spouse status. Such processing shall occur by transmitting such
    10  information to state counselors for  review  and  potential  linkage  to
    11  applicable  benefits,  including  but  not  limited  to  federal aid and
    12  attendance and a federal  improved  pension  program.  State  counselors
    13  shall  work with county counselors or any accredited service officers of
    14  an organization chartered by the congress of the  United  States  and/or
    15  recognized  by  the  department  of veterans affairs for claim represen-
    16  tation as necessary and where appropriate.  Such  information  shall  be
    17  protected  as  personal  confidential information under article six-A of
    18  the public officers law against disclosure of confidential material, and
    19  shall be used only to assist in providing linkage to applicable benefits
    20  and entitlements under federal and state law.
    21    18. To include within the annual report  as  required  by  subdivision
    22  eleven  of  this  section  an accounting of the number of forms received
    23  from nursing homes and residential  health  care  facilities,  including
    24  assisted  living  and  assisted  living residences as defined in section
    25  forty-six hundred fifty-one of the public health  law,  and  adult  care
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14991-03-8

        A. 9981--A                          2
 
     1  facilities  authorized  under  title  two of article seven of the social
     2  services law, and the specific number of veterans and spouses of  veter-
     3  ans linked to applicable benefits, including, but not limited to federal
     4  aid  and  attendance and a federal improved pension program. Such report
     5  shall evaluate the average time taken by the division between receipt of
     6  such information, transmission to veterans  counselors  and  linkage  to
     7  available  benefits.   Such report shall also evaluate the effectiveness
     8  of the program and make recommendations for improvements as necessary.
     9    § 2. This act shall take effect immediately.
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