N.Y. Public Health Law § 2805-o: Identification of veterans and their spouses by nursing homes, residential health care facilities, and adult care facilities

§ 2805-o. Identification of veterans and their spouses by nursing

homes, residential health care facilities, and adult care facilities. 1.

Every nursing home and residential health care facility as defined in

subdivisions two and three of section two thousand eight hundred one of

this article and every adult care facility licensed and certified by the

department pursuant to title two of article seven of the social services

law or article forty-six-B of this chapter, including all adult homes,

enriched housing programs, residences for adults, assisted living

programs, and assisted living residences shall keep and maintain

accurate records identifying veterans and their spouses residing within

such facilities. Such information shall be solicited by nursing home

and/or residential health care facility staff upon a patient's

admission, noted on the admission form, and included with the patient's

file by asking the question "Have you or your spouse ever served in the

United States military?". In the case of patients currently residing at

such nursing homes or residential health care facilities, staff shall

solicit such information by asking the question "Have you or your spouse

ever served in the United States military?" from each patient residing

at such institution and update the patient's file to indicate veteran

status.

2. Every nursing home, residential health care facility and every

adult care facility licensed and certified by the department pursuant to

title two of article seven of the social services law or article

forty-six-B of this chapter, including all adult homes, enriched housing

programs, residences for adults, assisted living programs, and assisted

living residences shall in writing advise all individuals identifying

themselves as veterans or spouses of veterans that the department of

veterans' services and local veterans' service agencies established

pursuant to section fourteen of the veterans' services law to provide

assistance to veterans and their spouses regarding benefits under

federal and state law. Such written information shall include the name,

address and telephone number of the New York state department of

veterans' services, the nearest department of veterans' services office,

the nearest county or city veterans' service agency and the nearest

accredited veterans' service officer.

3. Every nursing home, residential health care facility and every

adult care facility licensed and certified by the department pursuant to

title two of article seven of the social services law or article

forty-six-B of this chapter, including all adult homes, enriched housing

programs, residences for adults, assisted living programs, and assisted

living residences, with the permission of individuals identifying

themselves as veterans or spouses of veterans, shall transmit such

veteran status information to the division of veterans' services.

4. Any person who violates the provisions of this section shall be

subject to a civil fine not to exceed fifty dollars per violation but in

no event shall any fine exceed one thousand dollars.