DHDTC DAL 17-05 - Updates to Public Health Law Section 2805-b and 10 NYCRR Section 405.9(b)(11)
February 16, 2017
DHDTC DAL 17-05: Updates to Public Health Law Section 2805-b and 10 NYCRR Section 405.9(b)(11)
Dear Chief Executive Officer:
The purpose of this letter is to inform you of recently enacted legislation which amends existing statutory responsibilities of hospitals to inform those who have served in the United States armed forces about services that may be available to them.
Public Health Law Section 2805-b and 10 NYCRR Section 405.9(b)(11) require a general hospital to:
- Inquire whether all admitted persons are veterans;
- Document such status and notify the person of the availability of services at a hospital operated by the Veterans Health Administration (VHA), which is part of the U.S. Department of Veterans Affairs (VA);
- If requested, make arrangements for the individual's transfer to a VA facility if it is determined that the transfer is appropriate, according to accepted clinical and medical standards, and that the person's condition has stabilized and transfer can be accomplished safely and without complications.
Chapter 64 of the Laws of 2016 amends Public Health Law Section 2805-b. To view the amended law, use this link to access the NYS Senate website. Click on Laws of New York, then PBH for Public Health Law, scroll down to Article 28, Hospitals, and click on Section 2805-B. https://health.ny.gov/regulations/public_health_law
- Clarify that the law applies to anyone who "has served in the United States armed forces" and delete the reference to the definition of "veteran" under the New York Civil Service Law; and
- Require that the hospital provide the person with a copy of the "Information for Veterans concerning Health Care Options" fact sheet, maintained by the New York State Division of Veterans' Affairs (DVA). This fact sheet is attached and can be found at: https://veterans.ny.gov/sites/default/files/VA%20LOCATIONS.PDF
The law was effective December 8, 2016, and supersedes the existing regulations. The New York State Department of Health (Department) will be amending 10 NYCRR Section 405.9(b)(11) to be consistent with the amendments to the law and expects hospitals to create or revise their current policies and procedures concerning care to veterans to reflect the new law.
The Department and the DVA recognize the critical contribution that New Yorkers who have served in the armed forces make to our society. We would like to take the enactment of this new law as an opportunity to inform you about the variety of services that are available to those who have served, and encourage you to inform your community about these resources.
The DVA has a printed brochure, which is attached, describing the many federal and state benefits for which a veteran or a veteran's family member may be eligible. We recommend that you provide this to those who have served and their family members. We suggest including the questions "Have you served in the military?" and "Has somebody in your immediate family served in the military?" in your admission process. A response of "yes" to either question can potentially open the door to a life-changing array of benefits, programs, and services. Additional resources can be found at: https://veterans.ny.gov/content/additional-resources-web-links-veterans.
The DVA has 68 field offices across New York State staffed by accredited Veterans Benefits Advisors. Each Veterans Benefits Advisor is able to represent veterans and their family members free of charge in claims and appeals for federal and state veterans' benefits, programs, and services. We strongly urge you to inform veterans and their family members in your care about the DVA services and to contact the DVA if individuals within your care desire such services. If needed, the DVA Advisors can arrange to travel to a hospital to meet with veterans and their family members. Discharge planning staff may find these resources helpful.
Some of the benefits for which a veteran or a veteran's family member might be eligible to receive — and for which the Division's Veterans Benefits Advisors are trained to prepare, present, and prosecute claims and appeals — include:
- Disability Compensation: A tax-free monthly payment from the federal government for disabilities incurred or aggravated in military service.
- VA Pension: A tax-free monthly payment from the federal government for low-income veterans who have a disability (the disability does not have to be linked to military service).
- Aid & Attendance: An increased VA pension for veterans who require regular assistance from another person in two or more activities of daily living.
- Blind Annuity: Monthly payment from New York State for legally blind veterans who served during a wartime period (blindness does not have to be linked to military service).
- Property Tax Exemption: Partial exemption on property taxes for veterans who served during a period of war. Additional exemption may be available for combat veterans and for veterans who have a service-connected disability rating from the U.S. Department of Veterans Affairs.
- Specially Adapted Homes: Veterans confronting certain substantial disabilities may be eligible to build or adapt their homes to accommodate the veteran's disability.
- State Veterans Nursing Homes: New York State operates five State Veterans' Homes providing skilled nursing care and short term rehabilitation for veterans and their spouses. Veterans with a service-connected disability rating of 70% or higher receive this skilled nursing care at a State Veterans' Home free of charge. Qualifying veterans in a state Veterans' Home may be eligible for a federal VA aid and attendance per diem benefit, which may assist in offsetting the out-of-pocket costs for skilled nursing care.
- Healthcare: The VHA provides an integrated health system with more than 1,700 sites of care nationwide. This includes, but is not limited to, primary care, specialty care, mental health counseling at Vet Centers and VA Medical Centers, Women Veteran Program Managers focusing on the health needs of female veterans at every VA Medical Center, audiology services, dental care, and a telehealth program for veterans who are otherwise unable to receive a consultation with a specialist. Some veterans are eligible to receive free medical care from the VHA on the basis of their level of service-connected disability or low income; others pay a small co-pay for these services.
- Education: Multiple federal and state education benefits exist for veterans, and for their dependents and survivors, including the G.I. Bill, the New York State Veterans Tuition Award, the New York State Military Service Recognition Scholarship, and the U.S. Department of Veterans Affairs' Vocational Rehabilitation program.
If you have any questions regarding hospital compliance with this law call the Division of Hospitals and Diagnostic & Treatment Centers at 518-402-1004 or email at hospinfo.health.ny.gov.
If you have questions about services for New Yorkers who have served in the United States armed forces, please contact the DVA at 1-888-838-7697 or 518-474-6114.
Sincerely,
| Ruth Leslie Director Division of Hospitals and Diagnostic & Treatment Centers New York State Department of Health |
Benjamin Pomerance, Esq. Deputy Director for Program Development New York State Division of Veterans' Affairs |
