S T A T E O F N E W Y O R K ________________________________________________________________________ 7229--A 2015-2016 Regular Sessions I N A S S E M B L Y April 29, 2015 ___________ Introduced by M. of A. DenDEKKER -- 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 public health law, in relation to clarifying eligi- bility requirements for admission to the New York state veterans' home THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 2632 of the public health law, as 2 amended by chapter 467 of the laws of 1991, the opening paragraph as 3 amended by chapter 455 of the laws of 2002, paragraph (d) as amended by 4 chapter 616 of the laws of 1995 and paragraph (f) as amended by chapter 5 179 of the laws of 2006, is amended to read as follows: 6 1. Every veteran of the armed forces of the United States, who (i) was 7 separated or discharged under honorable conditions after serving on 8 active duty therein for a period of not less than thirty days, or (ii) 9 was separated or discharged under honorable conditions after serving on 10 active duty therein for a period of not less than thirty days and who 11 was a recipient of the armed forces expeditionary medal, navy expedi- 12 tionary medal or marine corps expeditionary medal for participation in 13 operations in Lebanon from June first, nineteen hundred eighty-three to 14 December first, nineteen hundred eighty-seven, in Grenada from October 15 twenty-third, nineteen hundred eighty-three to November twenty-first, 16 nineteen hundred eighty-three, or in Panama from December twentieth, 17 nineteen hundred eighty-nine to January thirty-first, nineteen hundred 18 ninety, OR IN BOSNIA AND HERZGEGOVINA FROM NOVEMBER TWENTY-FIRST, NINE- 19 TEEN HUNDRED NINETY-FIVE TO NOVEMBER FIRST, TWO THOUSAND SEVEN, OR WAS A 20 RECIPIENT OF THE KOSOVO CAMPAIGN MEDAL or (iii) was separated or 21 discharged under honorable conditions after serving on active duty ther- 22 ein for a period of not less than thirty days and who served during the 23 period of actual hostilities of either 24 (a) the Spanish-American war; or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01912-02-5 A. 7229--A 2 1 (b) the incidental insurrection in the Philippines prior to July 2 fourth, nineteen hundred two; or 3 (c) world war I between April sixth, nineteen hundred seventeen and 4 November eleventh, nineteen hundred eighteen, both inclusive; or 5 (d) world war II between December seventh, nineteen hundred forty-one 6 and December thirty-first, nineteen hundred forty-six, both inclusive, 7 or who was employed by the War Shipping Administration or Office of 8 Defense Transportation or their agents as a merchant seaman documented 9 by the United States Coast Guard or Department of Commerce, or as a 10 civil servant employed by the United States Army Transport Service 11 (later redesignated as the United States Army Transportation Corps, 12 Water Division) or the Naval Transportation Service; and who served 13 satisfactorily as a crew member during the period of armed conflict, 14 December seventh, nineteen hundred forty-one, to August fifteenth, nine- 15 teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., 16 foreign, intercoastal, or coastwise service as such terms are defined 17 under federal law (46 USCA 10301 & 10501) and further to include "near 18 foreign" voyages between the United States and Canada, Mexico, or the 19 West Indies via ocean routes, or public vessels in oceangoing service or 20 foreign waters and who has received a Certificate of Release or 21 Discharge from Active Duty and a discharge certificate, or an Honorable 22 Service Certificate/Report of Casualty, from the Department of Defense, 23 or who served as a United States civilian employed by the American Field 24 Service and served overseas under United States Armies and United States 25 Army Groups in world war II during the period of armed conflict, Decem- 26 ber seventh, nineteen hundred forty-one through May eighth, nineteen 27 hundred forty-five, and who was discharged or released therefrom under 28 honorable conditions, or who served as a United States civilian Flight 29 Crew and Aviation Ground Support Employee of Pan American World Airways 30 or one of its subsidiaries or its affiliates and served overseas as a 31 result of Pan American's contract with Air Transport Command or Naval 32 Air Transport Service during the period of armed conflict, December 33 fourteenth, nineteen hundred forty-one through August fourteenth, nine- 34 teen hundred forty-five, and who was discharged or released therefrom 35 under honorable conditions; or 36 (e) Korean conflict between June twenty-seventh, nineteen hundred 37 fifty and January thirty-first, nineteen hundred fifty-five, both inclu- 38 sive; or 39 (f) Viet Nam conflict between February twenty-eighth, nineteen hundred 40 sixty-one and May seventh, nineteen hundred seventy-five, both inclu- 41 sive; or 42 (g) VETERANS WHO SERVED IN THE UNITED STATES MILITARY AND WERE EXPOSED 43 TO RADIATION DURING MILITARY SERVICE IN A "RADIATION-RISK ACTIVITY" 44 DEFINED AS PARTICIPATION IN THE OCCUPATION OF HIROSHIMA OR NAGASAKI, 45 JAPAN BETWEEN AUGUST SIXTH, NINETEEN HUNDRED FORTY-FIVE THROUGH JULY 46 FIRST, NINETEEN HUNDRED FORTY-SIX; WERE PRISONERS OF WAR IN JAPAN DURING 47 WORLD WAR II; ONSITE PARTICIPATION IN A TEST INVOLVING THE ATMOSPHERIC 48 DETONATION OF A NUCLEAR DEVICE, WHETHER OR NOT THE TESTING NATION WAS 49 THE UNITED STATES; OR 50 (H) in the Persian Gulf conflict from the second day of August, nine- 51 teen hundred ninety to the end of such conflict INCLUDING MILITARY 52 SERVICE IN OPERATION ENDURING FREEDOM, OPERATION IRAQI FREEDOM, OPERA- 53 TION NEW DAWN OR OPERATION INHERENT RESOLVE AND WAS THE RECIPIENT OF THE 54 GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL OR THE IRAQ CAMPAIGN MEDAL 55 OR THE AFGHANISTAN CAMPAIGN MEDAL; and who was a resident of the state 56 of New York at the time of entry upon such active duty or who shall have A. 7229--A 3 1 been a resident of this state for one year next preceding the applica- 2 tion for admission shall be entitled to admission to said home after the 3 approval of the application by the board of visitors, subject to the 4 provisions of this article and to the conditions, limitations and penal- 5 ties prescribed by the regulations of the department. Any such veteran 6 or dependent, who otherwise fulfills the requirements set forth in this 7 section, may be admitted directly to the skilled nursing facility or the 8 health related facility provided such veteran or dependent is certified 9 by a physician designated or approved by the department to require the 10 type of care provided by such facilities. 11 S 2. This act shall take effect on the thirtieth day after it shall 12 have become a law.