The New York State Senate

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

                                  8641

                          I N  A S S E M B L Y

                             January 7, 2016
                               ___________

Introduced by M. of A. HEVESI -- read once and referred to the Committee
  on Veterans' Affairs

AN  ACT  to  amend  the  social services law, the public health law, the
  not-for-profit corporations law and the executive law, in relation  to
  inquiring  into  past  military  service  on  applications  for public
  welfare

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

  Section  1.  Subdivision 3 of section 20 of the social services law is
amended by adding a new paragraph (j) to read as follows:
  (J) TO ENSURE THE PROVISION, ON EVERY FORM PRESCRIBED PURSUANT TO THIS
CHAPTER FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE, OF A QUESTION
INQUIRING INTO WHETHER AN APPLICANT HAS BEEN OR PRESENTLY IS ENGAGED IN:
(I) MILITARY SERVICE OF THE STATE AS  DEFINED  IN  SUBDIVISION  FIVE  OF
SECTION  ONE  OF  THE  MILITARY LAW; (II) ACTIVE MILITARY SERVICE OF THE
UNITED STATES AS DEFINED IN SUBDIVISION EIGHT  OF  SECTION  ONE  OF  THE
MILITARY  LAW;  OR (III) IS A VETERAN AS DEFINED IN SUBDIVISION THREE OF
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW.  WHEN  AN  AFFIRMATIVE
ANSWER  TO  SUCH  QUESTION IS INDICATED BY AN APPLICANT, IT SHALL BE THE
DUTY OF THE DEPARTMENT TO FURNISH TO THE DIVISION OF  VETERANS'  AFFAIRS
THE  NAME  AND  CONTACT INFORMATION OF SUCH INDIVIDUAL AS LISTED ON SUCH
INDIVIDUAL'S APPLICATION.
  S 2. The public health law is amended by adding a new  section  25  to
read as follows:
  S  25.  MILITARY  SERVICE  INQUIRY.  THE COMMISSIONER SHALL ENSURE THE
PROVISION, ON EVERY FORM PRESCRIBED PURSUANT TO  THIS  CHAPTER  FOR  THE
PURPOSE  OF  OBTAINING  HEALTH  CARE  AT  A  REDUCED COST, OF A QUESTION
INQUIRING INTO WHETHER AN APPLICANT HAS BEEN OR PRESENTLY IS ENGAGED IN:
(I) MILITARY SERVICE OF THE STATE AS  DEFINED  IN  SUBDIVISION  FIVE  OF
SECTION  ONE  OF  THE  MILITARY LAW; (II) ACTIVE MILITARY SERVICE OF THE
UNITED STATES AS DEFINED IN SUBDIVISION EIGHT  OF  SECTION  ONE  OF  THE
MILITARY  LAW;  OR (III) IS A VETERAN AS DEFINED IN SUBDIVISION THREE OF
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW.  WHEN  AN  AFFIRMATIVE
ANSWER  TO  SUCH  QUESTION IS INDICATED BY AN APPLICANT, IT SHALL BE THE

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

A                                                          LBD13367-01-5

A. 8641                             2

DUTY OF THE DEPARTMENT TO FURNISH TO THE DIVISION OF  VETERANS'  AFFAIRS
THE  NAME  AND  CONTACT INFORMATION OF SUCH INDIVIDUAL AS LISTED ON SUCH
INDIVIDUAL'S APPLICATION.
  S  3.  Section 202 of the not-for-profit corporation law is amended by
adding a new paragraph (g) to read as follows:
  (G) EVERY CORPORATION RECEIVING ANY KIND OF STATE FUNDING SHALL ENSURE
THE PROVISION, ON EVERY FORM ISSUED BY SUCH CORPORATION FOR THE  PURPOSE
OF  PROVIDING  FINANCIAL  ASSISTANCE  TO  AN  INDIVIDUAL,  OF A QUESTION
INQUIRING INTO WHETHER AN APPLICANT HAS BEEN OR PRESENTLY IS ENGAGED IN:
(I) MILITARY SERVICE OF THE STATE AS  DEFINED  IN  SUBDIVISION  FIVE  OF
SECTION  ONE  OF  THE  MILITARY LAW; (II) ACTIVE MILITARY SERVICE OF THE
UNITED STATES AS DEFINED IN SUBDIVISION EIGHT  OF  SECTION  ONE  OF  THE
MILITARY  LAW;  OR (III) IS A VETERAN AS DEFINED IN SUBDIVISION THREE OF
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW.  WHEN  AN  AFFIRMATIVE
ANSWER  TO  SUCH  QUESTION IS INDICATED BY AN APPLICANT, IT SHALL BE THE
DUTY OF SUCH CORPORATION TO FURNISH TO THE DIVISION OF VETERANS' AFFAIRS
THE NAME AND CONTACT INFORMATION OF SUCH INDIVIDUAL AS  LISTED  ON  SUCH
INDIVIDUAL'S APPLICATION.
  S  4.  Section  353  of  the  executive law is amended by adding a new
subdivision 23 to read as follows:
  23. TO RECEIVE AND RETAIN:
  A. FROM THE DEPARTMENT OF SOCIAL WELFARE, RECORDS OF  INDIVIDUALS  WHO
APPLY  FOR  FINANCIAL ASSISTANCE PURSUANT TO THE SOCIAL SERVICES LAW, AS
REPORTED BY THE DEPARTMENT OF SOCIAL WELFARE IN  ACCORDANCE  WITH  PARA-
GRAPH (J) OF SUBDIVISION THREE OF THE SOCIAL SERVICES LAW;
  B.  FROM THE COMMISSIONER OF PUBLIC HEALTH, RECORDS OF INDIVIDUALS WHO
APPLY TO OBTAIN HEALTH CARE AT A REDUCED COST, PURSUANT  TO  THE  PUBLIC
HEALTH  LAW, AS REPORTED BY THE COMMISSIONER OF PUBLIC HEALTH IN ACCORD-
ANCE WITH SECTION TWENTY-FIVE OF THE PUBLIC HEALTH LAW; AND
  C. FROM NOT-FOR-PROFIT CORPORATIONS, RECORDS OF INDIVIDUALS WHO  APPLY
FOR  FINANCIAL  ASSISTANCE  FROM  SUCH CORPORATIONS, AS REPORTED BY SUCH
CORPORATIONS IN ACCORDANCE WITH PARAGRAPH (G) OF SECTION TWO HUNDRED TWO
OF THE NOT-FOR-PROFIT CORPORATION LAW.
  S 5. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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

                                 8641--A

                          I N  A S S E M B L Y

                             January 7, 2016
                               ___________

Introduced by M. of A. HEVESI -- read once and referred to the Committee
  on  Veterans'  Affairs  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the social services law, the not-for-profit  corporation
  law and the executive law, in relation to inquiring into past military
  service on applications for public welfare

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

  Section 1. Subdivision 3 of section 20 of the social services  law  is
amended by adding a new paragraph (j) to read as follows:
  (J)  TO  ENSURE THE PROVISION, ON ANY FORM REQUIRED TO BE COMPLETED AT
APPLICATION OR RECERTIFICATION FOR THE PURPOSE  OF  OBTAINING  FINANCIAL
ASSISTANCE  PURSUANT TO THIS CHAPTER, THE FORM SHALL CONTAIN THE FOLLOW-
ING QUESTIONS: "HAVE YOU SERVED IN THE UNITED STATES ARMED FORCES?"  AND
"HAS  SOMEONE IN YOUR FAMILY SERVED IN THE UNITED STATES MILITARY?" WHEN
AFFIRMATIVE ANSWERS TO SUCH QUESTIONS ARE INDICATED BY THE APPLICANT  OR
RECIPIENT, THE INDIVIDUAL WILL BE ADVISED THAT THE LOCAL SOCIAL SERVICES
DISTRICT SHALL PROVIDE THE DIVISION OF VETERANS' AFFAIRS WITH THEIR NAME
AND CONTACT INFORMATION UNLESS SUCH INDIVIDUAL OBJECTS TO THE SHARING OF
SUCH  INFORMATION.  INFORMATION  REGARDING  VETERANS AND MILITARY STATUS
SHALL BE PROTECTED AS PERSONAL CONFIDENTIAL MATERIAL, AND USED  ONLY  TO
ASSIST  IN  THE  DIAGNOSIS,  TREATMENT,  ASSESSMENT  AND HANDLING OF THE
VETERAN'S OR FAMILY MEMBER'S PROBLEMS WITHIN THE AGENCY REQUESTING  SUCH
INFORMATION  AND  IN REFERRING THE VETERAN OR FAMILY MEMBER TO THE DIVI-
SION OF VETERANS' AFFAIRS FOR THE INFORMATION AND ASSISTANCE WITH REGARD
TO BENEFITS AND ENTITLEMENTS UNDER FEDERAL AND STATE LAW.
  S 2. Section 202 of the not-for-profit corporation law is  amended  by
adding a new paragraph (g) to read as follows:
  (G) EVERY CORPORATION RECEIVING ANY KIND OF STATE FUNDING SHALL ENSURE
THE  PROVISION  ON  ANY  FORM REQUIRED TO BE COMPLETED AT APPLICATION OR
RECERTIFICATION FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE PURSU-
ANT TO THIS CHAPTER, THAT THE APPLICATION FORM SHALL CONTAIN THE FOLLOW-
ING QUESTIONS: "HAVE YOU SERVED IN THE UNITED STATES ARMED FORCES?"  AND
"HAS  SOMEONE IN YOUR FAMILY SERVED IN THE UNITED STATES MILITARY?" WHEN

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

                                                           LBD13367-02-6

A. 8641--A                          2

AFFIRMATIVE ANSWERS TO SUCH QUESTIONS ARE INDICATED BY THE APPLICANT  OR
RECIPIENT, THE INDIVIDUAL WILL BE ADVISED THAT THE NOT-FOR-PROFIT CORPO-
RATION SHALL FURNISH TO THE DIVISION OF VETERANS' AFFAIRS THEIR NAME AND
CONTACT  INFORMATION  UNLESS  SUCH  INDIVIDUAL OBJECTS TO THE SHARING OF
SUCH INFORMATION. INFORMATION REGARDING  VETERANS  AND  MILITARY  STATUS
SHALL  BE  PROTECTED AS PERSONAL CONFIDENTIAL MATERIAL, AND USED ONLY TO
ASSIST IN THE DIAGNOSIS,  TREATMENT,  ASSESSMENT  AND  HANDLING  OF  THE
VETERAN'S OR FAMILY MEMBER'S PROBLEMS, WITHIN THE AGENCY REQUESTING SUCH
INFORMATION  AND  IN REFERRING THE VETERAN OR FAMILY MEMBER TO THE DIVI-
SION OF VETERANS' AFFAIRS FOR THE INFORMATION AND ASSISTANCE WITH REGARD
TO BENEFITS AND ENTITLEMENTS UNDER FEDERAL AND STATE LAW.
  S 3. Section 353 of the executive law  is  amended  by  adding  a  new
subdivision 23 to read as follows:
  23.  TO RECEIVE, RETAIN AND CONSIDER PERSONAL CONFIDENTIAL MATERIAL TO
BE USED TO PROVIDE INFORMATION AND  ASSISTANCE  REGARDING  BENEFITS  AND
ENTITLEMENTS  UNDER  FEDERAL AND STATE LAW, LOCAL SERVICES DISTRICTS AND
CORPORATION SHALL FORWARD:(A) FROM THE OFFICE OF TEMPORARY AND DISABILI-
TY ASSISTANCE, RECORDS OF INDIVIDUALS WHO APPLY FOR FINANCIAL ASSISTANCE
PURSUANT TO THE SOCIAL SERVICES LAW, AS REPORTED BY THE OFFICE OF TEMPO-
RARY AND DISABILITY ASSISTANCE  IN  ACCORDANCE  WITH  PARAGRAPH  (J)  OF
SUBDIVISION  THREE OF SECTION TWENTY OF THE SOCIAL SERVICES LAW; AND (B)
FROM NOT-FOR-PROFIT CORPORATIONS, RECORDS OF INDIVIDUALS WHO  APPLY  FOR
FINANCIAL  ASSISTANCE FROM SUCH CORPORATIONS, AS REPORTED BY SUCH CORPO-
RATIONS IN ACCORDANCE WITH PARAGRAPH (G) OF SECTION TWO HUNDRED  TWO  OF
THE NOT-FOR-PROFIT CORPORATION LAW.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.