S T A T E O F N E W Y O R K
________________________________________________________________________
3907
2015-2016 Regular Sessions
I N A S S E M B L Y
January 28, 2015
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Introduced by M. of A. TENNEY, FINCH -- read once and referred to the
Committee on Veterans' Affairs
AN ACT to amend the executive law, in relation to creating a veterans'
clearinghouse for purposes of identifying veterans eligible for bene-
fits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 355-a
to read as follows:
S 355-A. VETERANS' CLEARINGHOUSE. 1. THE DIVISION IS HEREBY DIRECTED
TO CREATE AND MAINTAIN A CENTRALIZED DATABASE, TO BE KNOWN AS THE VETER-
ANS' CLEARINGHOUSE, WHICH SHALL COLLECT INFORMATION RELATING TO THE
IDENTIFICATION OF VETERANS RESIDING IN THE STATE AND THE STATE OR FEDER-
AL BENEFITS RECEIVED OR AVAILABLE TO VETERANS SO IDENTIFIED.
2. THE DIVISION OF VETERANS' AFFAIRS SHALL ENTER INTO A MEMORANDUM OF
UNDERSTANDING WITH THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS
THAT ALLOWS FOR THE SHARING OF INFORMATION RELATING TO THE IDENTIFICA-
TION OF VETERANS RESIDING IN THE STATE WHO ARE RECEIVING OR ELIGIBLE FOR
FEDERAL VETERANS' BENEFITS.
3. ALL DEPARTMENTS, DIVISIONS, BUREAUS, BOARDS, COMMISSIONS AND AGEN-
CIES OF THE STATE AND POLITICAL SUBDIVISIONS THEREOF, WHICH PROVIDE
ASSISTANCE OR OTHER BENEFITS TO INDIVIDUALS, WHEN THE PROVISION OF SUCH
ASSISTANCE OR BENEFITS IS RELATED TO THE RECIPIENT'S VETERAN STATUS OR
MILITARY EXPERIENCES, SHALL REQUEST THAT SUCH ASSISTED PERSONS PROVIDE
INFORMATION WITH REGARD TO THEIR VETERAN STATUS AND MILITARY EXPERIENCES
AND SHALL REPORT SUCH INFORMATION TO THE DIVISION OF VETERANS' AFFAIRS
FOR INCLUSION IN THE VETERANS' CLEARINGHOUSE. SUCH INFORMATION SHARING
SHALL BE FOR THE PURPOSES OF ALLOWING THE DIVISION OF VETERANS' AFFAIRS
TO (A) EXAMINE WHETHER ANY SUCH VETERANS ARE ELIGIBLE FOR FEDERAL OR
STATE BENEFITS, AND (B) FORMULATE POLICIES THAT ASSIST SUCH VETERANS IN
OBTAINING SUCH BENEFITS. INDIVIDUALS IDENTIFYING THEMSELVES AS VETERANS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07561-01-5
A. 3907 2
SHALL BE ADVISED THAT THE DIVISION OF VETERANS' AFFAIRS AND LOCAL VETER-
ANS' SERVICE AGENCIES ESTABLISHED PURSUANT TO SECTION THREE HUNDRED
FIFTY-SEVEN OF THIS ARTICLE PROVIDE ASSISTANCE TO VETERANS REGARDING
BENEFITS UNDER FEDERAL AND STATE LAW.
4. THE DEPARTMENTS, DIVISIONS, BUREAUS, BOARDS, COMMISSIONS AND AGEN-
CIES OF THE STATE AND POLITICAL SUBDIVISIONS THEREOF, WHICH ARE REQUIRED
TO REPORT INFORMATION TO THE DIVISION OF VETERANS' AFFAIRS FOR INCLUSION
IN THE VETERANS' CLEARINGHOUSE PURSUANT TO SUBDIVISION THREE OF THIS
SECTION, SHALL SUBMIT SUCH A REPORT ON A QUARTERLY BASIS IN A FORM AND
MANNER TO BE DETERMINED BY THE DIRECTOR OF VETERANS' AFFAIRS.
5. THE DEPARTMENTS, DIVISIONS, BUREAUS, BOARDS, COMMISSIONS AND AGEN-
CIES OF THE STATE AND POLITICAL SUBDIVISIONS THEREOF, WHICH ARE REQUIRED
TO REPORT INFORMATION TO THE DIVISION OF VETERANS' AFFAIRS FOR INCLUSION
IN THE VETERANS' CLEARINGHOUSE PURSUANT TO SUBDIVISION THREE OF THIS
SECTION, SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THOSE DEPARTMENTS,
DIVISIONS, BUREAUS, BOARDS, COMMISSIONS AND AGENCIES OF THE STATE AND
POLITICAL SUBDIVISIONS THEREOF, WHICH ARE SUBJECT TO THE REQUIREMENTS OF
SECTION THREE HUNDRED FIFTY-FOUR-A OF THIS ARTICLE, AND:
(A) THE DIVISION OF MILITARY AND NAVAL AFFAIRS;
(B) LOCAL ASSESSOR UNITS, WHICH SHALL BE REQUIRED TO REPORT INFORMA-
TION REGARDING OWNERS OF REAL PROPERTY WHO ARE RECIPIENTS OF THE REAL
PROPERTY TAX EXEMPTION PROVIDED BY SECTION FOUR HUNDRED FIFTY-EIGHT OR
FOUR HUNDRED FIFTY-EIGHT-A OF THE REAL PROPERTY TAX LAW;
(C) THE HIGHER EDUCATION SERVICES CORPORATION, WHICH SHALL BE REQUIRED
TO REPORT INFORMATION REGARDING THE IDENTITY OF ANY RECIPIENTS OF THE
VETERANS' TUITION AWARD PROVIDED BY SECTION SIX HUNDRED SIXTY-NINE-A OF
THE EDUCATION LAW;
(D) THE BOARD OF VISITORS OF EACH STATE VETERANS' HOME, WHICH SHALL BE
REQUIRED TO REPORT INFORMATION REGARDING THE IDENTITY OF RESIDENTS OF
EACH HOME ADMITTED PURSUANT TO SECTION TWENTY-SIX HUNDRED THIRTY-TWO OF
THE PUBLIC HEALTH LAW; AND
(E) COUNTY AND CITY VETERANS' SERVICE AGENCIES.
6. INFORMATION REGARDING VETERANS' STATUS AND MILITARY SERVICE
PROVIDED BY ASSISTED PERSONS SOLELY TO IMPLEMENT THIS SECTION SHALL BE
PROTECTED AS PERSONAL CONFIDENTIAL INFORMATION UNDER ARTICLE SIX-A OF
THE PUBLIC OFFICERS LAW AGAINST DISCLOSURE OF CONFIDENTIAL MATERIAL, AND
USED ONLY TO ASSIST IN THE DIAGNOSIS, TREATMENT, ASSESSMENT AND HANDLING
OF THE VETERAN'S PROBLEMS WITHIN THE AGENCY REQUESTING SUCH INFORMATION
AND IN REFERRING THE VETERAN TO THE DIVISION OF VETERANS' AFFAIRS FOR
INFORMATION AND ASSISTANCE WITH REGARD TO BENEFITS AND ENTITLEMENTS
UNDER FEDERAL AND STATE LAW.
7. THE DIVISION OF VETERANS' AFFAIRS SHALL COLLECT AND MAINTAIN INFOR-
MATION CONCERNING SUCH VETERANS IN ACCORDANCE WITH LAW AND THE FEDERAL
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (P.L.
104-191) (HIPAA), AS AMENDED FROM TIME TO TIME, OR REGULATIONS ADOPTED
THEREUNDER.
8. THE DIRECTOR OF VETERANS' AFFAIRS SHALL PROMULGATE RULES AND REGU-
LATIONS TO PROVIDE FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS
SECTION.
S 2. Section 354-a of the executive law, as amended by section 95 of
subpart B of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
S 354-a. Information on status of veterans receiving assistance.
Departments, divisions, bureaus, boards, commissions and agencies of the
state and political subdivisions thereof, which provide assistance,
treatment, counseling, care, supervision or custody in service areas
A. 3907 3
involving health, mental health, family services, criminal justice or
employment, including but not limited to the office of alcoholism and
substance abuse services, office of mental health, office of probation
and correctional alternatives, office of children and family services,
office of temporary and disability assistance, department of health,
department of labor, local workforce investment boards, office for
people with developmental disabilities, and department of corrections
and community supervision, shall request assisted persons to provide
information with regard to their veteran status and military experi-
ences. Individuals identifying themselves as veterans shall be advised
that the division of veterans' affairs and local veterans' service agen-
cies established pursuant to section three hundred fifty-seven of this
article provide assistance to veterans regarding benefits under federal
and state law. Information regarding veterans status and military
service provided by assisted persons solely to implement this section
shall be protected as personal confidential information under article
six-A of the public officers law against disclosure of confidential
material, and used only to assist in the diagnosis, treatment, assess-
ment and handling of the veteran's problems within the agency requesting
such information and in referring the veteran to the division of veter-
ans' affairs for information and assistance with regard to benefits and
entitlements under federal and state law. INFORMATION PROVIDED TO THE
DIVISION OF VETERANS' AFFAIRS PURSUANT TO THIS SECTION SHALL BE INCLUDED
IN THE VETERANS' CLEARINGHOUSE ESTABLISHED PURSUANT TO SECTION THREE
HUNDRED FIFTY-FIVE-A OF THIS ARTICLE.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.