2023 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 one of the veterans' services 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  one  of  the  veterans'
services  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 one of the veterans' services 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 one of the veterans'
services 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 one of the veterans' services 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 one of the veterans'
services 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 one of the veterans' services 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 one of the veterans' services 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 one
of the veterans' services 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 one of the veterans'  services  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 six months 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.