Bill Text: NY A04551 | 2023-2024 | General Assembly | Introduced
Bill Title: Creates a veterans' clearinghouse for purposes of identifying veterans eligible for benefits; requires the division of veterans' affairs to enter into a memorandum of understanding with the US department of veterans' affairs that allows sharing of information; requires entities of the state and political subdivisions thereof to report information regarding veterans receiving aid to the clearinghouse; provides that such entities make such reports on a quarterly basis; provides that disclosure of any information held by the clearinghouse comply with article 6-A of the public officers law; provides that collection and maintenance of such information comply with HIPAA; provides that the director of veterans' affairs shall promulgate rules and regulations to implement the clearinghouse.
Spectrum: Partisan Bill (Republican 13-0)
Status: (Introduced - Dead) 2024-01-03 - referred to veterans' affairs [A04551 Detail]
Download: New_York-2023-A04551-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4551 2023-2024 Regular Sessions IN ASSEMBLY February 16, 2023 ___________ Introduced by M. of A. MILLER -- read once and referred to the Committee on Veterans' Affairs AN ACT to amend the executive law, in relation to creating a veterans' clearinghouse for purposes of identifying veterans eligible for bene- fits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 355-a 2 to read as follows: 3 § 355-a. Veterans' clearinghouse. 1. The division is hereby directed 4 to create and maintain a centralized database, to be known as the veter- 5 ans' clearinghouse, which shall collect information relating to the 6 identification of veterans residing in the state and the state or feder- 7 al benefits received or available to veterans so identified. 8 2. The division shall enter into a memorandum of understanding with 9 the United States department of veterans' affairs that allows for the 10 sharing of information relating to the identification of veterans resid- 11 ing in the state who are receiving or eligible for federal veterans' 12 benefits. 13 3. All departments, divisions, bureaus, boards, commissions and agen- 14 cies of the state and political subdivisions thereof, which provide 15 assistance or other benefits to individuals, when the provision of such 16 assistance or benefits is related to the recipient's veteran status or 17 military experiences, shall request that such assisted persons provide 18 information with regard to their veteran status and military experiences 19 and shall report such information to the division for inclusion in the 20 veterans' clearinghouse. Such information sharing shall be for the 21 purposes of allowing the division to (a) examine whether any such veter- 22 ans are eligible for federal or state benefits, and (b) formulate poli- 23 cies that assist such veterans in obtaining such benefits. Individuals 24 identifying themselves as veterans shall be advised that the division EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07165-01-3A. 4551 2 1 and local veterans' service agencies established pursuant to section 2 three hundred fifty-seven of this article provide assistance to veterans 3 regarding benefits under federal and state law. 4 4. The departments, divisions, bureaus, boards, commissions and agen- 5 cies of the state and political subdivisions thereof, which are required 6 to report information to the division for inclusion in the veterans' 7 clearinghouse pursuant to subdivision three of this section, shall 8 submit such a report on a quarterly basis in a form and manner to be 9 determined by the state director. 10 5. The departments, divisions, bureaus, boards, commissions and agen- 11 cies of the state and political subdivisions thereof, which are required 12 to report information to the division for inclusion in the veterans' 13 clearinghouse pursuant to subdivision three of this section, shall 14 include, but shall not be limited to, those departments, divisions, 15 bureaus, boards, commissions and agencies of the state and political 16 subdivisions thereof, which are subject to the requirements of section 17 three hundred fifty-four-a of this article, and: 18 (a) the division of military and naval affairs; 19 (b) local assessor units, which shall be required to report informa- 20 tion regarding owners of real property who are recipients of the real 21 property tax exemption provided by section four hundred fifty-eight or 22 four hundred fifty-eight-a of the real property tax law; 23 (c) the higher education services corporation, which shall be required 24 to report information regarding the identity of any recipients of the 25 veterans' tuition award provided by section six hundred sixty-nine-a of 26 the education law; 27 (d) the board of visitors of each state veterans' home, which shall be 28 required to report information regarding the identity of residents of 29 each home admitted pursuant to section twenty-six hundred thirty-two of 30 the public health law; and 31 (e) county and city veterans' service agencies. 32 6. Information regarding veterans' status and military service 33 provided by assisted persons solely to implement this section shall be 34 protected as personal confidential information under article six-A of 35 the public officers law against disclosure of confidential material, and 36 used only to assist in the diagnosis, treatment, assessment and handling 37 of the veteran's problems within the agency requesting such information 38 and in referring the veteran to the division for information and assist- 39 ance with regard to benefits and entitlements under federal and state 40 law. 41 7. The division shall collect and maintain information concerning such 42 veterans in accordance with law and the federal Health Insurance Porta- 43 bility and Accountability Act of 1996 (P.L. 104-191) (HIPAA), as amended 44 from time to time, or regulations adopted thereunder. 45 8. The state director shall promulgate rules and regulations to 46 provide for the implementation of the provisions of this section. 47 § 2. Section 354-a of the executive law, as amended by chapter 602 of 48 the laws of 2021, is amended to read as follows: 49 § 354-a. Information on status of veterans receiving assistance. 50 Departments, divisions, bureaus, boards, commissions and agencies of the 51 state and political subdivisions thereof, which provide assistance, 52 treatment, counseling, care, supervision or custody in service areas 53 involving health, mental health, family services, criminal justice or 54 employment, including but not limited to the office of addiction 55 services and supports, office of mental health, office of probation and 56 correctional alternatives, office of children and family services,A. 4551 3 1 office of temporary and disability assistance, department of health, 2 department of labor, local workforce investment boards, office for 3 people with developmental disabilities, and department of corrections 4 and community supervision, shall request assisted persons to provide 5 information with regard to their veteran status and military experi- 6 ences. Individuals identifying themselves as veterans, including indi- 7 viduals requesting and obtaining a veterans notation on their driver's 8 license or non-driver identification card pursuant to sections four 9 hundred ninety and five hundred two of the vehicle and traffic law, 10 shall be advised that the division of veterans' services and local 11 veterans' service agencies established pursuant to section three hundred 12 fifty-seven of this article provide assistance to veterans regarding 13 benefits under federal and state law. Information regarding veterans 14 status and military service provided by assisted persons solely to 15 implement this section shall be protected as personal confidential 16 information under article six-A of the public officers law against 17 disclosure of confidential material, and used only to assist in the 18 diagnosis, treatment, assessment and handling of the veteran's problems 19 within the agency requesting such information and in referring the 20 veteran to the division of veterans' services for information and 21 assistance with regard to benefits and entitlements under federal and 22 state law. Information provided to the division pursuant to this 23 section shall be included in the veterans' clearinghouse established 24 pursuant to section three hundred fifty-five-a of this article. 25 § 3. This act shall take effect on the ninetieth day after it shall 26 have become a law; provided, however, that the amendments to section 27 354-a of the executive law made by section two of this act shall not 28 affect the repeal of such section and shall be deemed repealed there- 29 with. Effective immediately, the addition, amendment and/or repeal of 30 any rule or regulation necessary for the implementation of this act on 31 its effective date are authorized to be made and completed on or before 32 such effective date.
