N.Y. Public Health Law § 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.