NY Pub Health L § 2632 (2021)
2021 New York Laws PBH - Public Health Article 26-A - New York State Veterans' Home 2632 - Admission to Home.

§  2632.  Admission  to home. 1.  Every veteran of the armed forces of the United States,  who  (i)  (A)  was  separated  or  discharged  under honorable  conditions  after serving on active duty therein for a period of not less than thirty days, or (B)  has  a  qualifying  condition,  as defined  in  section  three  hundred fifty of the executive law, and has received a discharge  other  than  bad  conduct  or  dishonorable  after serving  on  active  duty  therein  for a period of not less than thirty days, or (C) is a discharged LGBT veteran, as defined in  section  three hundred  fifty  of the executive law, and has received a discharge other than bad conduct or dishonorable after serving on  active  duty  therein for  a period of not less than thirty days, or (ii) (A) was separated or discharged under honorable  conditions  after  serving  on  active  duty therein  for  a  period  of  not  less  than  thirty  days  or (B) has a qualifying condition, as defined in section three hundred fifty  of  the executive  law,  and  has received a discharge other than bad conduct or dishonorable after serving on active duty therein for a  period  of  not less  than  thirty days, or (C) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received  a discharge other than bad conduct or dishonorable after serving on active duty  therein  for  a period of not less than thirty days, and who was a recipient of the armed forces expeditionary  medal,  navy  expeditionary medal   or   marine  corps  expeditionary  medal  for  participation  in operations in Lebanon from June first, nineteen hundred eighty-three  to December  first,  nineteen hundred eighty-seven, in Grenada from October twenty-third, nineteen hundred eighty-three  to  November  twenty-first, nineteen  hundred  eighty-three,  or  in Panama from December twentieth, nineteen hundred eighty-nine to January thirty-first,  nineteen  hundred ninety,  or  in  Bosnia  and  Herzgegovina  from  November twenty-first, nineteen hundred ninety-five to November first, two thousand  seven,  or was  a recipient of the Kosovo campaign medal or (iii) (A) was separated or discharged under honorable conditions after serving  on  active  duty therein  for  a  period  of  not  less  than  thirty  days  or (B) has a qualifying condition, as defined in section three hundred fifty  of  the executive  law,  and  has received a discharge other than bad conduct or dishonorable after serving on active duty therein for a  period  of  not less  than  thirty days, or (C) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received  a discharge other than bad conduct or dishonorable after serving on active duty  therein  for a period of not less than thirty days, and who served during the period of actual hostilities of either  (a) the Spanish-American war; or  (b) the incidental insurrection  in  the  Philippines  prior  to  July fourth, nineteen hundred two; or  (c)  world  war  I between April sixth, nineteen hundred seventeen and November eleventh, nineteen hundred eighteen, both inclusive; or  (d) world war II between December seventh, nineteen hundred  forty-one and  December  thirty-first, nineteen hundred forty-six, both inclusive, or who was employed by the War  Shipping  Administration  or  Office  of Defense  Transportation  or their agents as a merchant seaman documented by the United States Coast Guard or Department  of  Commerce,  or  as  a civil  servant  employed  by  the  United  States Army Transport Service (later redesignated as the  United  States  Army  Transportation  Corps, Water  Division)  or  the  Naval  Transportation Service; and who served satisfactorily as a crew member during the  period  of  armed  conflict, December  seventh,  nineteen  hundred  forty-one,  to  August fifteenth, nineteen hundred forty-five,  aboard  merchant  vessels  in  oceangoing, i.e.,  foreign,  intercoastal,  or  coastwise  service as such terms are defined under federal law (46 USCA 10301 & 10501) and further to include  "near foreign" voyages between the United States and Canada, Mexico,  or the  West  Indies  via  ocean  routes,  or  public vessels in oceangoing service or foreign waters and who has received a Certificate of  Release or  Discharge  from  Active  Duty  and  a  discharge  certificate, or an Honorable Service Certificate/Report of Casualty, from the Department of Defense, or who served as a  United  States  civilian  employed  by  the American  Field  Service  and served overseas under United States Armies and United States Army Groups in world war II during the period of armed conflict, December  seventh,  nineteen  hundred  forty-one  through  May eighth,  nineteen  hundred  forty-five,  and  who  (i) was discharged or released therefrom under honorable conditions, or (ii) has a  qualifying condition,  as  defined  in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (iii) is a discharged LGBT veteran, as defined  in section  three  hundred  fifty  of the executive law, and has received a discharge other than bad conduct or dishonorable from such  service,  or who  served  as a United States civilian Flight Crew and Aviation Ground Support  Employee  of  Pan  American  World  Airways  or  one   of   its subsidiaries  or  its  affiliates and served overseas as a result of Pan American's contract with Air Transport Command or  Naval  Air  Transport Service  during  the  period  of  armed  conflict,  December fourteenth, nineteen hundred forty-one through August fourteenth,  nineteen  hundred forty-five,  and  who  (iv)  was  discharged or released therefrom under honorable conditions, or (v) has a qualifying condition, as  defined  in section  three  hundred  fifty  of the executive law, and has received a discharge other than bad conduct or dishonorable from such  service,  or (vi)  is  a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than  bad conduct or dishonorable from such service; or  (e)  Korean  conflict  between  June  twenty-seventh, nineteen hundred fifty  and  January  thirty-first,  nineteen  hundred  fifty-five,  both inclusive; or  (f)  Viet  Nam  conflict  between  November  first,  nineteen  hundred fifty-five  and  May  seventh,  nineteen  hundred   seventy-five,   both inclusive; or  (g) veterans who served in the United States military and were exposed to  radiation  during  military  service  in a "radiation-risk activity" defined as participation in the occupation  of  Hiroshima  or  Nagasaki, Japan  between  August  sixth,  nineteen hundred forty-five through July first, nineteen hundred forty-six; were prisoners of war in Japan during World War II; onsite participation in a test involving  the  atmospheric detonation  of  a  nuclear device, whether or not the testing nation was the United States; or  (h) in the Persian Gulf  conflict  from  the  second  day  of  August, nineteen  hundred  ninety to the end of such conflict including military service  in  Operation  Enduring  Freedom,  Operation   Iraqi   Freedom, Operation  New  Dawn or Operation Inherent Resolve and was the recipient of the global war on terrorism expeditionary medal or the Iraq  campaign medal  or  the Afghanistan campaign medal; and who was a resident of the state of New York at the time of entry upon  such  active  duty  or  who shall have been a resident of this state for one year next preceding the application  for  admission  shall be entitled to admission to said home after the approval of the application by the board of visitors,  subject to the provisions of this article and to the conditions, limitations and penalties  prescribed  by  the  regulations  of the department. Any such veteran or dependent, who otherwise fulfills the requirements set  forth in  this  section,  may  be  admitted  directly  to  the skilled nursing facility or  the  health  related  facility  provided  such  veteran  or  dependent  is  certified  by  a  physician designated or approved by the department to require the type of care provided by such facilities.   2.  The  unremarried  surviving  spouse  as such term is defined under section 101 of title thirty-eight of the United States Code of any  such veteran,  or  the  unremarried surviving spouse, mother or father of any such member of the armed forces of the United States who died  while  on active  duty,  notwithstanding  the  length  of  such  service, shall be entitled to admission to said home after the approval of the application by the board of visitors, subject to the provisions of this article  and to   the   conditions,  limitations  and  penalties  prescribed  by  the regulations of the department and by the secretary of the United  States department of veterans affairs.   3.  The  spouse,  as  such  term is defined under section 101 of title thirty-eight of the United States Code, of any such veteran, unless such veteran and his or her spouse have  been  legally  separated,  shall  be entitled to admission to said home after the approval of the application by  the board of visitors, subject to the provisions of this article and to  the  conditions,  limitations  and  penalties  prescribed   by   the regulations  of the department and by the secretary of the United States department of veterans affairs.   4. No spouse or unremarried surviving spouse of such a  veteran  shall be admitted as a resident of said home unless married to such veteran at least one year prior to the date of application.   5.  Preference  in  admission  shall  be  given  as follows: first, to veterans accompanied by their spouses based upon severity of illness  or disability  and  need  for  care;  second,  to  other  eligible veterans pursuant to clause (ii) or (iii) of  subdivision  one  of  this  section based  upon  severity of illness or disability and need for care and the order of the date of the conflict or operation listed in  such  clauses; third,  to other eligible veterans pursuant to clause (i) of subdivision one of this section based upon severity of  illness  or  disability  and need  for  care;  fourth,  to  spouses and unremarried surviving spouses based upon severity of illness or disability and need for  care;  fifth, to  mothers and fathers based upon severity of illness or disability and need for care.   6. The board of visitors shall require an applicant for  admission  to such  home  to  file  an  affidavit  of New York state residence and the affidavits of at least two householders in and residents of  the  county in  New  York  state  of  which the applicant claims at the time of such application  to  be  a  resident;  and   such   affidavits   shall,   on presentation,  be  accepted  and  received  as  sufficient proof, unless contradicted, of the residence of  such  applicant  in  any  actions  or proceedings  against  such  county  in  which  such  residence  of  such applicant is material.   7. The regulations of the department shall require that each applicant for admission shall furnish a certification of all property of which  he or  she  is  possessed  and of all sources of income and that, following admission,  each  resident  shall  be  required   to   furnish   further certifications  as to such facts from time to time, but not oftener than at intervals of twelve months, and shall also require  the  payments  by residents  of  the  home  from  such  resources or income, or both, such amounts in payment on account of the care and  maintenance  provided  by the home as the department shall find to be reasonable.