Senate Bill S6433

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6433
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2021
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military 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:
   §  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  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 IDENTIFICATION OF VETERANS RESID-
 ING  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 FOR INCLUSION IN THE
 VETERANS' CLEARINGHOUSE. SUCH  INFORMATION  SHARING  SHALL  BE  FOR  THE
 PURPOSES OF ALLOWING THE DIVISION TO (A) EXAMINE WHETHER ANY SUCH VETER-
 ANS  ARE ELIGIBLE FOR FEDERAL OR STATE BENEFITS, AND (B) FORMULATE POLI-
 CIES THAT ASSIST SUCH VETERANS IN OBTAINING SUCH  BENEFITS.  INDIVIDUALS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08814-01-1

 S. 6433                             2
 
 IDENTIFYING  THEMSELVES  AS  VETERANS SHALL BE ADVISED THAT THE DIVISION
 AND LOCAL VETERANS' 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 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 STATE DIRECTOR.
   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 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 FOR INFORMATION AND ASSIST-
 ANCE WITH REGARD TO BENEFITS AND ENTITLEMENTS UNDER  FEDERAL  AND  STATE
 LAW.
   7. THE DIVISION SHALL COLLECT AND MAINTAIN INFORMATION CONCERNING SUCH
 VETERANS  IN ACCORDANCE WITH LAW AND THE FEDERAL HEALTH INSURANCE PORTA-
 BILITY AND ACCOUNTABILITY ACT OF 1996 (P.L. 104-191) (HIPAA), AS AMENDED
 FROM TIME TO TIME, OR REGULATIONS ADOPTED THEREUNDER.
   8. THE STATE  DIRECTOR  SHALL  PROMULGATE  RULES  AND  REGULATIONS  TO
 PROVIDE FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
   §  2.  Section  354-a of the executive law, as amended by section 8 of
 part AA of chapter 56 of the  laws  of  2019,  is  amended  to  read  as
 follows:
   § 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
 involving health, mental health, family services,  criminal  justice  or
 employment,  including  but not limited to the office of [alcoholism and

 S. 6433                             3

 substance abuse services] ADDICTION SERVICES  AND  SUPPORTS,  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 experiences. Individuals identifying themselves as
 veterans shall be advised that the division of  veterans'  services  and
 local  veterans'  service agencies 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, assessment and handling of the veteran's problems
 within the agency requesting  such  information  and  in  referring  the
 veteran  to  the  division  of  veterans'  services  for information and
 assistance with regard to benefits and entitlements  under  federal  and
 state  law.    INFORMATION  PROVIDED  TO  THE  DIVISION PURSUANT TO THIS
 SECTION SHALL BE INCLUDED IN  THE  VETERANS'  CLEARINGHOUSE  ESTABLISHED
 PURSUANT TO SECTION THREE HUNDRED FIFTY-FIVE-A OF THIS ARTICLE.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. 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 to be made and completed
 on or before such effective date.