State Codes and Statutes

Statutes > New-york > Pbh > Article-26-a > 2632

§ 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 heor 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.

State Codes and Statutes

Statutes > New-york > Pbh > Article-26-a > 2632

§ 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 heor 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbh > Article-26-a > 2632

§ 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 heor 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.