senate Bill S7588

2013-2014 Legislative Session

Clarifies eligibility requirements for admission to the New York state veterans' home

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2014 referred to health

S7588 - Bill Details

See Assembly Version of this Bill:
A7561
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd ยง2632, Pub Health L

S7588 - Bill Texts

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Clarifies eligibility requirements for admission to the New York State Veterans' home.

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BILL NUMBER:S7588

TITLE OF BILL: An act to amend the public health law, in relation to
clarifying eligibility requirements for admission to the New York
state veterans' home

PURPOSE OR GENERAL IDEA OF BILL:

Extends admissions to the New York state veterans' nursing homes to
certain veterans.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends 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 to add veterans who served
in Bosnia and Herzgegovina from November 21, 1995 to November 1, 2007
or was a recipient of the Kosovo campaign medal; veterans who served
in the United States military and were exposed to radiation during
military service in a "radiation-risk activity and military service in
Operation Enduring Freedom, Operation Iraqi Freedom or Operation New
Dawn and was the recipient of the Global War on Terrorism
Expeditionary Medal or the Iraq Campaign Medal or the Afghanistan
Campaign Medal.

Section states the effective date.

JUSTIFICATION:

New York State is the home to the second highest population of
veterans in the United States. Many of New York's older veterans
served honorably in World War II, Korea and Vietnam, and through out
the Cold War, and admission to the New York State Veterans' Home is
justifiably available to these service members.

As our veterans population ages, service members who served in combat
operations during more recent conflicts such as the Persian Gulf.
Bosnia and Herzgegovina, Afghanistan and Iraq should be afforded the
same eligibility for the New York State Veterans' Nursing Home
program.

PRIOR LEGISLATIVE HISTORY:

A.10213 (Ramos) Passed Assembly.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This bill will expand the pool of eligible applicants to help
veterans' homes to fill vacant beds and remain viable and
self-supporting.

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it shall have
become a law.


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

                                  7588

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

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.
                                                           LBD07944-01-3

S. 7588                             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

S. 7588                             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.

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