|SAME AS||SAME AS S08968|
|COSPNSR||Pheffer Amato, Mosley|
|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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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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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. LBD14991-03-8A. 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.