2013 New York Consolidated Laws
PBH - Public Health
Article 26-A - (2630 - 2635) NEW YORK STATE VETERANS' HOME
2632 - Admission to home.

 
    § 2632. Admission to home. 1. Every veteran of the armed forces of the
  United  States,  who  (i)  was  separated  or discharged under honorable
  conditions after serving on active duty therein for a period of not less
  than thirty days, or (ii) was separated or  discharged  under  honorable
  conditions 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 (iii) was separated or
  discharged  under  honorable  conditions  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 was discharged or  released
  therefrom  under  honorable conditions, 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 was discharged
  or released therefrom under honorable conditions; 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 February twenty-eighth, nineteen hundred
  sixty-one  and  May  seventh,  nineteen   hundred   seventy-five,   both
  inclusive; or

    (g)  in  the  Persian  Gulf  conflict  from  the second day of August,
  nineteen hundred ninety to the end of  such  conflict;  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 one  year  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.