§ 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 § 2801 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.

Terms Used In N.Y. Public Health Law 2805-O

  • Nursing home: means a facility providing therein nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health-related service, or any combination of the foregoing, and in addition thereto, providing nursing care and health-related service, or either of them, to persons who are not occupants of the facility. See N.Y. Public Health Law 2801
  • Residential health care facility: means a nursing home or a facility providing health-related service. See N.Y. Public Health Law 2801

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 7 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 7 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.