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.
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.
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.
