S T A T E   O F   N E W   Y O R K
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                                  10213

                          I N  A S S E M B L Y

                              May 14, 2012
                               ___________

Introduced  by  M. of A. RAMOS, CASTELLI, NOLAN, CUSICK -- read once and
  referred to the Committee on Veterans' Affairs

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15744-02-2

A. 10213                            2

  (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

A. 10213                            3

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.