S T A T E O F N E W Y O R K
________________________________________________________________________
4551
2023-2024 Regular Sessions
I N A S S E M B L Y
February 16, 2023
___________
Introduced by M. of A. MILLER -- 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:
§ 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
IDENTIFYING THEMSELVES AS VETERANS SHALL BE ADVISED THAT THE DIVISION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07165-01-3
A. 4551 2
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 chapter 602 of
the laws of 2021, 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 addiction
services and supports, office of mental health, office of probation and
correctional alternatives, office of children and family services,
A. 4551 3
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, including indi-
viduals requesting and obtaining a veterans notation on their driver's
license or non-driver identification card pursuant to sections four
hundred ninety and five hundred two of the vehicle and traffic law,
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; provided, however, that the amendments to section
354-a of the executive law made by section two of this act shall not
affect the repeal of such section and shall be deemed repealed there-
with. 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.