BILL NUMBER: S5063
SPONSOR: ASHBY
 
TITLE OF BILL:
An act to amend the public health law and the veterans' services law, in
relation to veteran information collected by certain facilities
 
PURPOSE:
To ensure that all veterans with a service-connected disability rating
through the federal VA are notified of all their benefits.
 
SUMMARY OF PROVISIONS:
Section 1 amends current law section 2805-o of the public health law to
require every nursing home, adult home and assisted living home to add
an additional question at intake of "Do you have a service-connected
disability rating through the federal VA?" It would also require these
homes to solicit this information from current residents who predate
this legislation.
Section 2 requires the State Department of Veterans to document the
information internally and also communicate the veteran status to the
nearest office of the department of veterans, the nearest county or city
veterans' services agency and the nearest accredited veterans' service
officer.
Section 3 sets the effective date to one year after it becomes law.
 
JUSTIFICATION:
It is disheartening whenever we hear a veteran who doesn't know about a
certain benefit that could be saving money and receiving more patient-
centered care. For a Veteran with a service-connected disability rating
at 70% or greater, the federal Department of Veterans Affairs will pay
State Veterans Nursing Homes the full cost to provide skilled nursing to
that Veteran (38 U.S.C. Section 1745). Yet, we are still hearing of
veterans in private nursing homes who are using Medicaid and relying on
family to pay. When these families hear their loved ones already qualify
for the federal government to pay for their care, they are overwhelmed
by relief. These Veteran Homes may be the best places for our veterans,
as their needs are truly understood.
Since 1993 there have been NYS laws on the books trying to identify
veterans in nursing homes; most recently, in 2021,1egislation was added
to ask veteran residents: "Have you ever served in the United States
military?" Yet, somehow NY is still missing the mark. We cannot allow
our veterans to continue to fall through the cracks. Our state has to do
a better job of informing veterans of the benefits they qualify for.
This legislation aims to do just that, by adding another question at
intake of new residents to nursing homes, adult homes and assisted
living homes: "Do you have a service-connected disability rating through
the federal VA?" This would allow nursing homes to alert the NYS Depart-
ment of Veterans Services during the intake process to identify a veter-
an who qualifies for the federal government to pay the full cost of
care, rather than the State.
This legislation seems like an easy win-win. Giving veterans the care
they need and utilizing federal funding to pay for it.
 
LEGISLATIVE HISTORY:
New
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
One year after it becomes law.