N.Y. PBH Law § 2632 — New York Code / Act PBH / Article 26-A / Section 2632
Admission to home
Status: in_force

§ 2632. Admission to home. 1.  Every veteran of the armed forces of\nthe United States, who (i) (A) was separated or discharged under\nhonorable conditions after serving on active duty therein for a period\nof not less than thirty days, or (B) has a qualifying condition, as\ndefined in section one of the veterans' services law, and has received a\ndischarge other than bad conduct or dishonorable after serving on active\nduty therein for a period of not less than thirty days, or (C) is a\ndischarged LGBT veteran, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable after serving on active duty therein for a period of not\nless than thirty days, or (ii) (A) was separated or discharged under\nhonorable conditions after serving on active duty therein for a period\nof not less than thirty days or (B) has a qualifying condition, as\ndefined in section one of the veterans' services law, and has received a\ndischarge other than bad conduct or dishonorable after serving on active\nduty therein for a period of not less than thirty days, or (C) is a\ndischarged LGBT veteran, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable after serving on active duty therein for a period of not\nless than thirty days, and who was a recipient of the armed forces\nexpeditionary medal, navy expeditionary medal or marine corps\nexpeditionary medal for participation in operations in Lebanon from June\nfirst, nineteen hundred eighty-three to December first, nineteen hundred\neighty-seven, in Grenada from October twenty-third, nineteen hundred\neighty-three to November twenty-first, nineteen hundred eighty-three, or\nin Panama from December twentieth, nineteen hundred eighty-nine to\nJanuary thirty-first, nineteen hundred ninety, or in Bosnia and\nHerzgegovina from November twenty-first, nineteen hundred ninety-five to\nNovember first, two thousand seven, or was a recipient of the Kosovo\ncampaign medal or (iii) (A) was separated or discharged under honorable\nconditions after serving on active duty therein for a period of not less\nthan thirty days or (B) has a qualifying condition, as defined in\nsection one of the veterans' services law, and has received a discharge\nother than bad conduct or dishonorable after serving on active duty\ntherein for a period of not less than thirty days, or (C) is a\ndischarged LGBT veteran, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable after serving on active duty therein for a period of not\nless than thirty days, and who served during the period of actual\nhostilities of either\n  (a) the Spanish-American war; or\n  (b) the incidental insurrection in the Philippines prior to July\nfourth, nineteen hundred two; or\n  (c) world war I between April sixth, nineteen hundred seventeen and\nNovember eleventh, nineteen hundred eighteen, both inclusive; or\n  (d) world war II between December seventh, nineteen hundred forty-one\nand December thirty-first, nineteen hundred forty-six, both inclusive,\nor who was employed by the War Shipping Administration or Office of\nDefense Transportation or their agents as a merchant seaman documented\nby the United States Coast Guard or Department of Commerce, or as a\ncivil servant employed by the United States Army Transport Service\n(later redesignated as the United States Army Transportation Corps,\nWater Division) or the Naval Transportation Service; and who served\nsatisfactorily as a crew member during the period of armed conflict,\nDecember seventh, nineteen hundred forty-one, to August fifteenth,\nnineteen hundred forty-five, aboard merchant vessels in oceangoing,\ni.e., foreign, intercoastal, or coastwise service as such terms are\ndefined under federal law (46 USCA 10301 & 10501) and further to include\n"near foreign" voyages between the United States and Canada, Mexico, or\nthe West Indies via ocean routes, or public vessels in oceangoing\nservice or foreign waters and who has received a Certificate of Release\nor Discharge from Active Duty and a discharge certificate, or an\nHonorable Service Certificate/Report of Casualty, from the Department of\nDefense, or who served as a United States civilian employed by the\nAmerican Field Service and served overseas under United States Armies\nand United States Army Groups in world war II during the period of armed\nconflict, December seventh, nineteen hundred forty-one through May\neighth, nineteen hundred forty-five, and who (i) was discharged or\nreleased therefrom under honorable conditions, or (ii) has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or (iii) is a discharged LGBT veteran, as defined in\nsection one of the veterans' services law, and has received a discharge\nother than bad conduct or dishonorable from such service, or who served\nas a United States civilian Flight Crew and Aviation Ground Support\nEmployee of Pan American World Airways or one of its subsidiaries or its\naffiliates and served overseas as a result of Pan American's contract\nwith Air Transport Command or Naval Air Transport Service during the\nperiod of armed conflict, December fourteenth, nineteen hundred\nforty-one through August fourteenth, nineteen hundred forty-five, and\nwho (iv) was discharged or released therefrom under honorable\nconditions, or (v) has a qualifying condition, as defined in section one\nof the veterans' services law, and has received a discharge other than\nbad conduct or dishonorable from such service, or (vi) is a discharged\nLGBT veteran, as defined in section one of the veterans' services law,\nand has received a discharge other than bad conduct or dishonorable from\nsuch service; or\n  (e) Korean conflict between June twenty-seventh, nineteen hundred\nfifty and January thirty-first, nineteen hundred fifty-five, both\ninclusive; or\n  (f) Viet Nam conflict between November first, nineteen hundred\nfifty-five and May seventh, nineteen hundred seventy-five, both\ninclusive; or\n  (g) veterans who served in the United States military and were exposed\nto radiation during military service in a "radiation-risk activity"\ndefined as participation in the occupation of Hiroshima or Nagasaki,\nJapan between August sixth, nineteen hundred forty-five through July\nfirst, nineteen hundred forty-six; were prisoners of war in Japan during\nWorld War II; onsite participation in a test involving the atmospheric\ndetonation of a nuclear device, whether or not the testing nation was\nthe United States; or\n  (h) in the Persian Gulf conflict from the second day of August,\nnineteen hundred ninety to the end of such conflict including military\nservice in Operation Enduring Freedom, Operation Iraqi Freedom,\nOperation New Dawn or Operation Inherent Resolve and was the recipient\nof the global war on terrorism expeditionary medal or the Iraq campaign\nmedal or the Afghanistan campaign medal; and who was a resident of the\nstate of New York at the time of entry upon such active duty or who\nshall have been a resident of this state for six months next preceding\nthe application for admission shall be entitled to admission to said\nhome after the approval of the application by the board of visitors,\nsubject to the provisions of this article and to the conditions,\nlimitations and penalties prescribed by the regulations of the\ndepartment. Any such veteran or dependent, who otherwise fulfills the\nrequirements set forth in this section, may be admitted directly to the\nskilled nursing facility or the health related facility provided such\nveteran or dependent is certified by a physician designated or approved\nby the department to require the type of care provided by such\nfacilities.\n  2. The unremarried surviving spouse as such term is defined under\nsection 101 of title thirty-eight of the United States Code of any such\nveteran, or the unremarried surviving spouse, mother or father of any\nsuch member of the armed forces of the United States who died while on\nactive duty, notwithstanding the length of such service, shall be\nentitled to admission to said home after the approval of the application\nby the board of visitors, subject to the provisions of this article and\nto the conditions, limitations and penalties prescribed by the\nregulations of the department and by the secretary of the United States\ndepartment of veterans affairs.\n  3. The spouse, as such term is defined under section 101 of title\nthirty-eight of the United States Code, of any such veteran, unless such\nveteran and his or her spouse have been legally separated, shall be\nentitled to admission to said home after the approval of the application\nby the board of visitors, subject to the provisions of this article and\nto the conditions, limitations and penalties prescribed by the\nregulations of the department and by the secretary of the United States\ndepartment of veterans affairs.\n  4. No spouse or unremarried surviving spouse of such a veteran shall\nbe admitted as a resident of said home unless married to such veteran at\nleast one year prior to the date of application.\n  5. Preference in admission shall be given as follows: first, to\nveterans accompanied by their spouses based upon severity of illness or\ndisability and need for care; second, to other eligible veterans\npursuant to clause (ii) or (iii) of subdivision one of this section\nbased upon severity of illness or disability and need for care and the\norder of the date of the conflict or operation listed in such clauses;\nthird, to other eligible veterans pursuant to clause (i) of subdivision\none of this section based upon severity of illness or disability and\nneed for care; fourth, to spouses and unremarried surviving spouses\nbased upon severity of illness or disability and need for care; fifth,\nto mothers and fathers based upon severity of illness or disability and\nneed for care.\n  6. The board of visitors shall require an applicant for admission to\nsuch home to file an affidavit of New York state residence and the\naffidavits of at least two householders in and residents of the county\nin New York state of which the applicant claims at the time of such\napplication to be a resident; and such affidavits shall, on\npresentation, be accepted and received as sufficient proof, unless\ncontradicted, of the residence of such applicant in any actions or\nproceedings against such county in which such residence of such\napplicant is material.\n  7. The regulations of the department shall require that each applicant\nfor admission shall furnish a certification of all property of which he\nor she is possessed and of all sources of income and that, following\nadmission, each resident shall be required to furnish further\ncertifications as to such facts from time to time, but not oftener than\nat intervals of twelve months, and shall also require the payments by\nresidents of the home from such resources or income, or both, such\namounts in payment on account of the care and maintenance provided by\nthe home as the department shall find to be reasonable.\n