Bill Text: NY S00305 | 2015-2016 | General Assembly | Amended


Bill Title: Clarifies eligibility requirements for admission to the New York State veterans' home.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-06-17 - SUBSTITUTED BY A7229A [S00305 Detail]

Download: New_York-2015-S00305-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        305--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
         printed to be committed to the Committee on Veterans, Homeland Securi-
         ty and Military 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-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01912-03-5
       S. 305--A                           2
    1  ein for a period of not less than thirty days and who served during  the
    2  period of actual hostilities of either
    3    (a) the Spanish-American war; or
    4    (b)  the  incidental  insurrection  in  the  Philippines prior to July
    5  fourth, nineteen hundred two; or
    6    (c) world war I between April sixth, nineteen  hundred  seventeen  and
    7  November eleventh, nineteen hundred eighteen, both inclusive; or
    8    (d)  world war II between December seventh, nineteen hundred forty-one
    9  and December thirty-first, nineteen hundred forty-six,  both  inclusive,
   10  or  who  was  employed  by  the War Shipping Administration or Office of
   11  Defense Transportation or their agents as a merchant  seaman  documented
   12  by  the  United  States  Coast  Guard or Department of Commerce, or as a
   13  civil servant employed by  the  United  States  Army  Transport  Service
   14  (later  redesignated  as  the  United  States Army Transportation Corps,
   15  Water Division) or the Naval  Transportation  Service;  and  who  served
   16  satisfactorily  as  a  crew  member during the period of armed conflict,
   17  December seventh, nineteen hundred forty-one, to August fifteenth, nine-
   18  teen hundred forty-five, aboard merchant vessels  in  oceangoing,  i.e.,
   19  foreign,  intercoastal,  or  coastwise service as such terms are defined
   20  under federal law (46 USCA 10301 & 10501) and further to  include  "near
   21  foreign"  voyages  between  the United States and Canada, Mexico, or the
   22  West Indies via ocean routes, or public vessels in oceangoing service or
   23  foreign waters  and  who  has  received  a  Certificate  of  Release  or
   24  Discharge  from Active Duty and a discharge certificate, or an Honorable
   25  Service Certificate/Report of Casualty, from the Department of  Defense,
   26  or who served as a United States civilian employed by the American Field
   27  Service and served overseas under United States Armies and United States
   28  Army  Groups in world war II during the period of armed conflict, Decem-
   29  ber seventh, nineteen hundred forty-one  through  May  eighth,  nineteen
   30  hundred  forty-five,  and who was discharged or released therefrom under
   31  honorable conditions, or who served as a United States  civilian  Flight
   32  Crew  and Aviation Ground Support Employee of Pan American World Airways
   33  or one of its subsidiaries or its affiliates and served  overseas  as  a
   34  result  of  Pan  American's contract with Air Transport Command or Naval
   35  Air Transport Service during the  period  of  armed  conflict,  December
   36  fourteenth,  nineteen hundred forty-one through August fourteenth, nine-
   37  teen hundred forty-five, and who was discharged  or  released  therefrom
   38  under honorable conditions; or
   39    (e)  Korean  conflict  between  June  twenty-seventh, nineteen hundred
   40  fifty and January thirty-first, nineteen hundred fifty-five, both inclu-
   41  sive; or
   42    (f) Viet Nam conflict between February twenty-eighth, nineteen hundred
   43  sixty-one and May seventh, nineteen hundred  seventy-five,  both  inclu-
   44  sive; or
   45    (g) VETERANS WHO SERVED IN THE UNITED STATES MILITARY AND WERE EXPOSED
   46  TO  RADIATION  DURING  MILITARY  SERVICE  IN A "RADIATION-RISK ACTIVITY"
   47  DEFINED AS PARTICIPATION IN THE OCCUPATION  OF  HIROSHIMA  OR  NAGASAKI,
   48  JAPAN  BETWEEN  AUGUST  SIXTH,  NINETEEN HUNDRED FORTY-FIVE THROUGH JULY
   49  FIRST, NINETEEN HUNDRED FORTY-SIX; WERE PRISONERS OF WAR IN JAPAN DURING
   50  WORLD WAR II; ONSITE PARTICIPATION IN A TEST INVOLVING  THE  ATMOSPHERIC
   51  DETONATION  OF  A  NUCLEAR DEVICE, WHETHER OR NOT THE TESTING NATION WAS
   52  THE UNITED STATES; OR
   53    (H) in the Persian Gulf conflict from the second day of August,  nine-
   54  teen  hundred  ninety  to  the  end  of such conflict INCLUDING MILITARY
   55  SERVICE IN OPERATION ENDURING FREEDOM, OPERATION IRAQI  FREEDOM,  OPERA-
   56  TION NEW DAWN OR OPERATION INHERENT RESOLVE AND WAS THE RECIPIENT OF THE
       S. 305--A                           3
    1  GLOBAL  WAR  ON TERRORISM EXPEDITIONARY MEDAL OR THE IRAQ CAMPAIGN MEDAL
    2  OR THE AFGHANISTAN CAMPAIGN MEDAL; and who was a resident of  the  state
    3  of New York at the time of entry upon such active duty or who shall have
    4  been  a  resident of this state for one year next preceding the applica-
    5  tion for admission shall be entitled to admission to said home after the
    6  approval of the application by the board of  visitors,  subject  to  the
    7  provisions of this article and to the conditions, limitations and penal-
    8  ties  prescribed  by the regulations of the department. Any such veteran
    9  or dependent, who otherwise fulfills the requirements set forth in  this
   10  section, may be admitted directly to the skilled nursing facility or the
   11  health  related facility provided such veteran or dependent is certified
   12  by a physician designated or approved by the department to  require  the
   13  type of care provided by such facilities.
   14    S  2.  This  act shall take effect on the thirtieth day after it shall
   15  have become a law.
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