NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6100A
SPONSOR: Cusick TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to require that all intake forms for admis-
sion or residency to any nursing home, assisted living residence or
homeless shelter that requires information regarding an appli- cant's
military status state the question to obtain such information in the
following manner: "Have you ever served in the military?"
SUMMARY OF PROVISIONS:
Section 1 - the Executive law is amended by adding a new section 368-a.
Section 2: Amends Public Health Law § 2805-0
Section 3- Provides the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This bill removes hospitals because there are several types of hospitals
including general hospitals, and the question "Have you ever served in
the military" is asked.
JUSTIFICATION:
The American Academy of Nursing's (AAN) Expert Panel on Military &
Veterans Health identifies issues associated with the provision of
health care to veterans. They have recognized that war wounds often are
undetected, partly because less than one third of veterans seeking care
in a Veteran's health administration, and similarly those who served
with the National Guard and reserve components receive healthcare from
private sectors. Changing the language of intake forms to "Have you ever
served in the military?" opens the lines of communication between
providers and clients to ensure that no one falls between the gaps and
everyone receives the specialized care they may require. This informa-
tion will improve diagnoses and could lead to better healthcare
solutions.
PRIOR LEGISLATIVE HISTORY:
2020: A.9541-Referred to Veterans' Affairs;
S.7042-Referred to Veterans, Homeland Security and Military Affairs.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
EFFECTIVE DATE:
This act shall take effect on 120 days after it becomes a law. Effec-
tive immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
Date are authorized to be made and completed on or before such date.
STATE OF NEW YORK
________________________________________________________________________
6100--A
2021-2022 Regular Sessions
IN ASSEMBLY
March 10, 2021
___________
Introduced by M. of A. CUSICK, ASHBY -- read once and referred to the
Committee on Veterans' Affairs -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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
20 transmit such veteran's status information to the division of veterans'
21 services.
22 § 2. Section 2805-o of the public health law, as added by chapter 158
23 of the laws of 1993, the section heading as amended by chapter 95 of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01922-02-1
A. 6100--A 2
1 laws of 2004, and subdivisions 2 and 3 as amended by section 22 of part
2 AA of chapter 56 of the laws of 2019, is amended to read as follows:
3 § 2805-o. Identification of veterans and their spouses by nursing
4 homes [and], residential health care facilities and assisted living
5 residences. 1. Every nursing home and residential health care facility
6 as defined in subdivisions two and three of section two thousand eight
7 hundred one of this article and assisted living residences as defined in
8 section forty-six hundred fifty-one of this chapter shall keep and main-
9 tain accurate records identifying veterans and their spouses residing
10 within such facilities. Such information shall be solicited by nursing
11 home and/or residential health care facility staff upon a patient's
12 admission, noted on the admission form, and included with the patient's
13 file by asking the question "Have you ever served in the United States
14 military?". In the case of patients currently residing at such nursing
15 homes or residential health care facilities, staff shall solicit such
16 information by asking the question "Have you ever served in the United
17 States military?" from each patient residing at such institution and
18 update the patient's file to indicate veteran status.
19 2. Every nursing home [and], residential health care facility and
20 assisted living residences shall in writing advise all individuals iden-
21 tifying themselves as veterans or spouses of veterans that the division
22 of veterans' services and local veterans' service agencies established
23 pursuant to section three hundred fifty-seven of the executive law to
24 provide assistance to veterans and their spouses regarding benefits
25 under federal and state law. Such written information shall include the
26 name, address and telephone number of the New York state division of
27 veterans' services, the nearest division of veterans' services office,
28 the nearest county or city veterans' service agency and the nearest
29 accredited veterans' service officer.
30 3. Every nursing home [and], residential health care facility and
31 assisted living residence, [upon request] with the permission of indi-
32 viduals identifying themselves as veterans or spouses of veterans, shall
33 transmit such veteran status information to the division of veterans'
34 services.
35 4. Any person who violates the provisions of this section shall be
36 subject to a civil fine not to exceed fifty dollars per violation but in
37 no event shall any fine exceed one thousand dollars.
38 § 3. This act shall take effect on the one hundred twentieth day after
39 it shall have become a law. Effective immediately, the addition, amend-
40 ment and/or repeal of any rule or regulation necessary for the implemen-
41 tation of this act on its effective date are authorized to be made and
42 completed on or before such date.
