S T A T E O F N E W Y O R K
________________________________________________________________________
7538--A
2021-2022 Regular Sessions
I N A S S E M B L Y
May 13, 2021
___________
Introduced by M. of A. STERN, SIMPSON -- read once and referred to the
Committee on Veterans' Affairs -- recommitted to the Committee on
Veterans' Affairs in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the executive law and the veterans' services law, in
relation to veterans health care
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 361-a
to read as follows:
§ 361-A. VETERAN HEALTH CARE REVIEW. 1. THE DIVISION, IN CONSULTATION
WITH THE DEPARTMENT OF HEALTH, SHALL UNDERTAKE A STUDY REGARDING VETERAN
HEALTH CARE AS PROVIDED IN THIS SECTION. SUCH STUDY SHALL BE COMPLETED
AND REPORTED TO THE LEGISLATURE ON OR BEFORE DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-THREE.
2. THE VETERAN HEALTH CARE REVIEW SHALL COMPREHENSIVELY STUDY EFFORTS
THAT CAN BE MADE TO IMPROVE VETERANS' HEALTHCARE IN THE STATE INCLUDING,
BUT NOT BE LIMITED TO:
(A) INCREASING ACCESS BY VETERANS AND THEIR FAMILIES TO HEALTH CARE
COVERAGE AND SERVICES;
(B) LEVERAGING EXISTING RESOURCES AND STRUCTURES IN AREAS WHERE VETER-
ANS AND THEIR FAMILIES ARE ABLE TO EASILY ACCESS SUCH RESOURCES;
(C) ENSURING THE NEEDS OF VETERANS AND THEIR FAMILIES ARE INCORPORATED
IN ALL STATE EFFORTS TO EXPAND ACCESS TO AFFORDABLE, QUALITY HEALTH
CARE;
(D) ENSURING VETERANS AND THEIR FAMILIES HAVE ACCESS TO MENTAL HEALTH
TREATMENT, INCLUDING FOR POST-TRAUMATIC STRESS DISORDER, DEPRESSION, AND
SUICIDE PREVENTION;
(E) IDENTIFYING ALL FEDERAL AND OTHER HEALTH BENEFITS, COVERAGE, AND
SERVICES AVAILABLE TO VETERANS AND THEIR FAMILIES; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10702-04-2
A. 7538--A 2
(F) MORE EFFECTIVELY COORDINATING WITH OTHER LOCAL, STATE, AND FEDERAL
DEPARTMENTS AND AGENCIES, HEALTH CARE PROVIDERS, AND HEALTH INSURANCE
PROGRAMS TO HELP VETERANS AND THEIR BENEFICIARIES APPLY FOR COVERAGE
UNDER SUCH PROGRAMS, INCLUDING HELPING VETERANS OVERCOME BARRIERS WITHIN
THE HEALTH CARE SYSTEM, TO ENSURE ENROLLMENT IN HEALTH PLANS AND EFFEC-
TIVE DELIVERY AND COORDINATION OF HEALTH SERVICES.
3. AS PART OF THE STUDY, THE DIVISION SHALL ALSO:
(A) EVALUATE WHETHER THE NEEDS OF VETERANS AND THEIR FAMILIES ARE MET
BY EXISTING HEALTH CARE AND VETERANS' PROGRAMS;
(B) PROVIDE RECOMMENDATIONS FOR STEPS THAT COULD BE TAKEN TO INCREASE
ACCESS TO AFFORDABLE, QUALITY HEALTH CARE;
(C) CONSIDER THE EFFECTS OF DESIGNATING HEALTH CARE NAVIGATORS WHO
WOULD ASSIST VETERANS IN NAVIGATING THE COMPLEXITIES OF ACCESSING
HEALTHCARE BENEFITS AND SERVICES;
(D) EVALUATE THE EXTENT TO WHICH VETERANS IN THE STATE ARE EXPERIENC-
ING DELAYS IN THE RECEIPT OF HEALTHCARE SERVICES AND WAYS TO PROVIDE
ASSISTANCE TO THOSE VETERANS HAVING DIFFICULTY RECEIVING TIMELY OR
ADEQUATE CARE; AND
(E) EVALUATE THE POTENTIAL EFFECTIVENESS OF HEALTHCARE CHOICE
ACCOUNTS, DEPOSITS INTO WHICH SHALL BE DEDUCTIBLE FROM THE VETERAN'S
STATE PERSONAL INCOME TAX, FOR VETERAN MEMBERS OF THE ORGANIZED MILITIA,
PARTICULARLY THOSE WHO SERVED ON ACTIVE DUTY IN A COMBAT ZONE DESIGNATED
BY THE PRESIDENT OF THE UNITED STATES AND HAVE A CURRENT DISABILITY THAT
WAS INCURRED OR AGGRAVATED AS A RESULT OF SUCH SERVICE. FOR PURPOSES OF
THIS SECTION THE TERM "HEALTHCARE CHOICE ACCOUNT" SHALL MEAN AN INDIVID-
UAL SAVINGS ACCOUNT, OWNED BY A VETERAN FOR THE PURPOSE OF OBTAINING
HEALTHCARE FROM THE PROVIDER OF THEIR CHOICE, WHEN AFTER MAKING APPLICA-
TION TO OR ATTEMPTING TO SCHEDULE AN APPOINTMENT FOR HEALTHCARE SERVICES
THROUGH THE FEDERAL VETERANS HEALTH ADMINISTRATION THE VETERAN HAS BEEN
UNABLE TO RECEIVE SUCH SERVICES IN A TIMELY MANNER.
§ 2. The veterans' services law is amended by adding a new section
18-a to read as follows:
§ 18-A. VETERAN HEALTH CARE REVIEW. 1. THE DIVISION, IN CONSULTATION
WITH THE DEPARTMENT OF HEALTH, SHALL UNDERTAKE A STUDY REGARDING VETER-
AN HEALTH CARE AS PROVIDED IN THIS SECTION. SUCH STUDY SHALL BE
COMPLETED AND REPORTED TO THE LEGISLATURE ON OR BEFORE DECEMBER THIRTY-
FIRST, TWO THOUSAND TWENTY-THREE.
2. THE VETERAN HEALTH CARE REVIEW SHALL COMPREHENSIVELY STUDY EFFORTS
THAT CAN BE MADE TO IMPROVE VETERANS' HEALTHCARE IN THE STATE INCLUDING,
BUT NOT BE LIMITED TO:
(A) INCREASING ACCESS BY VETERANS AND THEIR FAMILIES TO HEALTH
CARE COVERAGE AND SERVICES;
(B) LEVERAGING EXISTING RESOURCES AND STRUCTURES IN AREAS WHERE VETER-
ANS AND THEIR FAMILIES ARE ABLE TO EASILY ACCESS SUCH RESOURCES;
(C) ENSURING THE NEEDS OF VETERANS AND THEIR FAMILIES ARE INCORPO-
RATED IN ALL STATE EFFORTS TO EXPAND ACCESS TO AFFORDABLE, QUALITY
HEALTH CARE;
(D) ENSURING VETERANS AND THEIR FAMILIES HAVE ACCESS TO MENTAL
HEALTH TREATMENT, INCLUDING FOR POST-TRAUMATIC STRESS DISORDER,
DEPRESSION, AND SUICIDE PREVENTION;
(E) IDENTIFYING ALL FEDERAL AND OTHER HEALTH BENEFITS, COVERAGE, AND
SERVICES AVAILABLE TO VETERANS AND THEIR FAMILIES; AND
(F) MORE EFFECTIVELY COORDINATING WITH OTHER LOCAL, STATE, AND FEDERAL
DEPARTMENTS AND AGENCIES, HEALTH CARE PROVIDERS, AND HEALTH INSURANCE
PROGRAMS TO HELP VETERANS AND THEIR BENEFICIARIES APPLY FOR COVERAGE
UNDER SUCH PROGRAMS, INCLUDING HELPING VETERANS OVERCOME BARRIERS WITHIN
A. 7538--A 3
THE HEALTH CARE SYSTEM, TO ENSURE ENROLLMENT IN HEALTH PLANS AND EFFEC-
TIVE DELIVERY AND COORDINATION OF HEALTH SERVICES.
3. AS PART OF THE STUDY, THE DIVISION SHALL ALSO:
(A) EVALUATE WHETHER THE NEEDS OF VETERANS AND THEIR FAMILIES ARE MET
BY EXISTING HEALTH CARE AND VETERANS' PROGRAMS;
(B) PROVIDE RECOMMENDATIONS FOR STEPS THAT COULD BE TAKEN TO INCREASE
ACCESS TO AFFORDABLE, QUALITY HEALTH CARE;
(C) CONSIDER THE EFFECTS OF DESIGNATING HEALTH CARE NAVIGATORS WHO
WOULD ASSIST VETERANS IN NAVIGATING THE COMPLEXITIES OF ACCESSING
HEALTHCARE BENEFITS AND SERVICES;
(D) EVALUATE THE EXTENT TO WHICH VETERANS IN THE STATE ARE EXPERIENC-
ING DELAYS IN THE RECEIPT OF HEALTHCARE SERVICES AND WAYS TO PROVIDE
ASSISTANCE TO THOSE VETERANS HAVING DIFFICULTY RECEIVING TIMELY OR
ADEQUATE CARE; AND
(E) EVALUATE THE POTENTIAL EFFECTIVENESS OF HEALTHCARE CHOICE
ACCOUNTS, DEPOSITS INTO WHICH SHALL BE DEDUCTIBLE FROM THE VETERAN'S
STATE PERSONAL INCOME TAX, FOR VETERAN MEMBERS OF THE ORGANIZED MILITIA,
PARTICULARLY THOSE WHO SERVED ON ACTIVE DUTY IN A COMBAT ZONE DESIGNATED
BY THE PRESIDENT OF THE UNITED STATES AND HAVE A CURRENT DISABILITY THAT
WAS INCURRED OR AGGRAVATED AS A RESULT OF SUCH SERVICE. FOR PURPOSES OF
THIS SECTION THE TERM "HEALTHCARE CHOICE ACCOUNT" SHALL MEAN AN INDIVID-
UAL SAVINGS ACCOUNT, OWNED BY A VETERAN FOR THE PURPOSE OF OBTAINING
HEALTHCARE FROM THE PROVIDER OF THEIR CHOICE, WHEN AFTER MAKING APPLICA-
TION TO OR ATTEMPTING TO SCHEDULE AN APPOINTMENT FOR HEALTHCARE SERVICES
THROUGH THE FEDERAL VETERANS HEALTH ADMINISTRATION THE VETERAN HAS BEEN
UNABLE TO RECEIVE SUCH SERVICES IN A TIMELY MANNER.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that section two of this act shall
take effect on the same date and in the same manner as section 2 of part
PP of chapter 56 of the laws of 2022 takes effect.