S T A T E   O F   N E W   Y O R K
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                                  5416

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2011
                               ___________

Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
  tee on Veterans' Affairs

AN  ACT  to amend the public health law, in relation to extending admis-
  sions to the New York state veterans' home to certain veterans

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   The opening paragraph and paragraph (g) of subdivision 1
of section 2632 of the public  health  law,  the  opening  paragraph  as
amended  by chapter 455 of the laws of 2002 and paragraph (g) as amended
by chapter 467 of the laws of 1991, are amended and two  new  paragraphs
(h) and (i) and a closing paragraph are added to read as follows:
  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,  IN  BOSNIA-HERZEGOVINA  FROM  NOVEMBER  TWENTY-FIRST,  NINETEEN
HUNDRED NINETY-FIVE TO NOVEMBER FIRST, TWO THOUSAND SEVEN, OR WHO 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08409-01-1
              

A. 5416                             2

HOME  AFTER  THE  APPROVAL  OF THE APPLICATION BY THE BOARD OF VISITORS,
SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND TO THE CONDITIONS, LIMITA-
TIONS AND PENALTIES PRESCRIBED BY THE REGULATIONS OF THE DEPARTMENT; and
who served during the period of actual hostilities of either
  (g)  in the Persian Gulf conflict from the second day of August, nine-
teen hundred ninety to the end of such conflict; [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, limita-
tions and penalties prescribed by 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 depend-
ent is certified by a physician designated or approved by the department
to require the type of care provided by such facilities.] OR
  (H) SERVICE IN THE MILITARY FORCES OF THE UNITED STATES WHICH ENTAILED
EXPOSURE  TO  IONIZING  RADIATION  AS THE RESULT OF ATOMIC WEAPONS TESTS
CONDUCTED BY THE UNITED STATES BETWEEN NINETEEN HUNDRED  FORTY-FIVE  AND
NINETEEN HUNDRED SIXTY-THREE; OR
  (I) THE HOSTILITIES, KNOWN AS THE WAR ON TERRORISM, WHICH COMMENCED IN
TWO  THOUSAND  ONE,  AND WHO WAS A RECIPIENT OF THE IRAQ CAMPAIGN MEDAL,
THE AFGHANISTAN CAMPAIGN MEDAL, OR THE GLOBAL WAR ON  TERRORISM  EXPEDI-
TIONARY  MEDAL AS DEFINED BY THE DEPARTMENT OF DEFENSE. FOR THE PURPOSES
OF THIS PARAGRAPH, "WAR ON TERRORISM" SHALL MEAN  DEPLOYMENT  ABROAD  IN
OPERATIONS ENDURING FREEDOM AND IRAQI FREEDOM, AS DEFINED BY THE DEPART-
MENT  OF DEFENSE, IN THE FOLLOWING DESIGNATED SPECIFIC GEOGRAPHIC AREAS:
AFGHANISTAN, ALGERIA, BAHRAIN, BOSNIA-HERZEGOVINA,  BULGARIA  (BOURGAS),
CHAD,  CRETE,  CYPRUS, DIEGO GARCIA, DJIBOUTI, EGYPT, ERITREA, ETHIOPIA,
GEORGIA, HUNGARY, IRAN, IRAQ, ISRAEL, JORDON, KAZAKHSTAN, KENYA,  KOSOVO
(ONLY  SPECIFIC  GLOBAL  WAR ON TERRORISM OPERATIONS NOT ASSOCIATED WITH
THE KOSOVO CAMPAIGN AS DEFINED BY THE DEPARTMENT  OF  DEFENSE),  KUWAIT,
KYRGYZSTAN,  LEBANON,  MALI,  MAURITANIA, NIGER, OMAN, PAKISTAN, PHILIP-
PINES, QATAR, ROMANIA (CONSTANTA), SAUDI ARABIA, SOMALIA, SYRIA,  TAJIK-
ISTAN,  TURKEY,  TURKMENISTAN, UGANDA, UNITED ARAB EMIRATES, UZBEKISTAN,
YEMEN, THAT PORTION OF THE ARABIAN SEA NORTH OF TEN DEGREES NORTH  LATI-
TUDE AND WEST OF SIXTY-EIGHT DEGREES WEST LONGITUDE, BAB EL MANDEB, GULF
OF  ADEN, GULF OF AQABA, GULF OF OMAN, GULF OF SUEZ, THAT PORTION OF THE
MEDITERRANEAN SEA EAST OF TWENTY-EIGHT DEGREES EAST LONGITUDE AND BOARD-
ING AND SEARCHING VESSEL OPERATIONS, PERSIAN GULF, RED SEA, STRAIGHT  OF
HORMUZ AND SUEZ CANAL.
  ANY SUCH VETERAN OR DEPENDENT, WHO OTHERWISE FULFILLS THE REQUIREMENTS
SET FORTH IN THIS SECTION, MAY BE ADMITTED DIRECTLY TO THE SKILLED NURS-
ING  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 immediately.