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This entry was published on 2023-04-07
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SECTION 2805-O
Identification of veterans and their spouses by nursing homes, residential health care facilities, and adult care facilities
Public Health (PBH) CHAPTER 45, ARTICLE 28
§ 2805-o. Identification of veterans and their spouses by nursing
homes, residential health care facilities, and adult care facilities. 1.
Every nursing home and residential health care facility as defined in
subdivisions two and three of section two thousand eight hundred one of
this article and every adult care facility licensed and certified by the
department pursuant to title two of article seven of the social services
law or article forty-six-B of this chapter, including all adult homes,
enriched housing programs, residences for adults, assisted living
programs, and assisted living residences shall keep and maintain
accurate records identifying veterans and their spouses residing within
such facilities. Such information shall be solicited by nursing home
and/or residential health care facility staff upon a patient's
admission, noted on the admission form, and included with the patient's
file by asking the question "Have you or your spouse ever served in the
United States military?". In the case of patients currently residing at
such nursing homes or residential health care facilities, staff shall
solicit such information by asking the question "Have you or your spouse
ever served in the United States military?" from each patient residing
at such institution and update the patient's file to indicate veteran
status.

2. Every nursing home, residential health care facility and every
adult care facility licensed and certified by the department pursuant to
title two of article seven of the social services law or article
forty-six-B of this chapter, including all adult homes, enriched housing
programs, residences for adults, assisted living programs, and assisted
living residences shall in writing advise all individuals identifying
themselves as veterans or spouses of veterans that the department of
veterans' services and local veterans' service agencies established
pursuant to section fourteen of the veterans' services law to provide
assistance to veterans and their spouses regarding benefits under
federal and state law. Such written information shall include the name,
address and telephone number of the New York state department of
veterans' services, the nearest department of veterans' services office,
the nearest county or city veterans' service agency and the nearest
accredited veterans' service officer.

3. Every nursing home, residential health care facility and every
adult care facility licensed and certified by the department pursuant to
title two of article seven of the social services law or article
forty-six-B of this chapter, including all adult homes, enriched housing
programs, residences for adults, assisted living programs, and assisted
living residences, with the permission of individuals identifying
themselves as veterans or spouses of veterans, shall transmit such
veteran status information to the division of veterans' services.

4. Any person who violates the provisions of this section shall be
subject to a civil fine not to exceed fifty dollars per violation but in
no event shall any fine exceed one thousand dollars.