Bill Text: NY S02096 | 2017-2018 | General Assembly | Amended
Bill Title: Establishes the "New York's Own combat veterans healthcare choice program act" to establish tax free savings accounts to pay the healthcare costs of combat veterans on active duty during Operation Enduring Freedom or Operation Iraqi Freedom, until covered by the federal government; and directs the division of military and naval affairs to establish a registry of Afghanistan and Iraq veterans.
Spectrum: Strong Partisan Bill (Republican 11-1)
Status: (Introduced - Dead) 2018-01-25 - PRINT NUMBER 2096D [S02096 Detail]
Download: New_York-2017-S02096-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2096--D 2017-2018 Regular Sessions IN SENATE January 12, 2017 ___________ Introduced by Sens. MURPHY, CROCI, LARKIN, ORTT, CARLUCCI, GALLIVAN, GOLDEN, MARCHIONE, O'MARA, RANZENHOFER, SERINO, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs -- reported favor- ably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Veterans, Homeland Security and Military Affairs in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the military law, the state finance law, the civil prac- tice law and rules, the tax law and the executive law, in relation to establishing the "New York's Own combat veterans healthcare choice program act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York's Own combat veterans healthcare choice program act". 3 § 2. The military law is amended by adding a new section 216-a to read 4 as follows: 5 § 216-a. Medical care when injured or disabled in combat zone. 1. Any 6 New York resident member of the organized militia who shall, when on 7 active duty in a combat zone, designated by the president of the United 8 States during Operation Enduring Freedom or Operation Iraqi Freedom, for 9 three hundred sixty days or more on orders issued by the governor, the 10 commanding general of the New York army national guard, the commanding 11 officer of the New York air national guard or the commanding officer of 12 the naval militia, receive any wound or injury, or incur or contract any EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02315-10-8S. 2096--D 2 1 disability or disease, by reason of such duty, or who shall without 2 fault or neglect on his or her part be wounded or disabled while 3 performing any lawfully ordered duty while in such a combat zone, which 4 shall incapacitate him or her, and who is unable to receive timely or 5 adequate healthcare services from the federal Department of Veterans 6 Affairs within ninety days of making application for such services shall 7 receive the payment into such service member's New York combat veterans 8 healthcare choice account established pursuant to article fourteen of 9 this chapter for care and medical treatment if authority therefor is 10 granted by the adjutant general, expenses for such care and medical 11 attendance as are necessary for the appropriate treatment of the wound, 12 injury, disease or disability may be paid from the New York combat 13 veterans healthcare choice account as provided in article fourteen of 14 this chapter until treatment is provided by the federal Veterans Admin- 15 istration, or the incapacity resulting from such wound, injury, disease 16 or disability cannot be materially improved by further care or treat- 17 ment. The determination of whether such injury or disease was incurred 18 while performing such lawfully ordered active duty in a combat zone, 19 designated by the president of the United States during Operation Endur- 20 ing Freedom or Operation Iraqi Freedom, shall be in accordance with this 21 section and such regulations as may be prescribed by the adjutant gener- 22 al. 23 2. If care for such a service member is approved by the adjutant 24 general and the service member shall have created a New York combat 25 veterans healthcare choice account in accordance with article fourteen 26 of this chapter, the state shall make a payment of five thousand dollars 27 into such service member's combat veterans healthcare choice account. 28 Such payment shall not exceed five thousand dollars in any calendar year 29 and shall be discontinued upon the service member receiving care from 30 the federal Department of Veterans Affairs for the injuries or disabili- 31 ties sustained while in qualified state service. 32 3. None of the benefits provided by subdivision one of this section 33 shall be paid or allowed unless a claim therefor has been presented to 34 the adjutant general within three years after the date when such wound, 35 injury, disease or disability was incurred, or from the date of discov- 36 ery of such wound, injury, disease or disability. None of the benefits 37 provided by subdivision one of this section shall be paid or allowed by 38 the state for any period during which such member of the organized mili- 39 tia is entitled to receive the same as a charge against federal funds. 40 4. a. Where a claim is made under this section the adjutant general 41 will make a determination as to whether valid application or attempt to 42 schedule an appointment to file an application for care was made to the 43 federal Veterans Administration and whether ninety days shall have 44 passed since such application or attempt was made. The adjutant general 45 may cause examinations of the claimant to be made from time to time by a 46 physician, surgeon or dentist designated for the purpose by the adjutant 47 general, and he or she may direct the removal of a claimant to, and his 48 or her treatment in, a hospital designated by the adjutant general, and 49 if the claimant refuses to permit any such examination or if he or she 50 refuses to go to such hospital or to follow the advice given or treat- 51 ment prescribed for him or her therein, he or she shall thereby forfeit 52 and be barred from all right to any claim or allowance under this 53 section. 54 b. The adjutant general may appoint a medical examiner or a board of 55 three officers, at least one of whom shall be a medical officer, to 56 inquire into the merits of any claim presented under this section, andS. 2096--D 3 1 to recommend the amount or amounts, if any, to be paid or allowed under 2 this section, or he or she may, in his or her discretion, determine any 3 claim without appointing a medical examiner or board and fix the amount 4 to be paid or allowed under this section. If no medical officer is 5 available, such medical examiner or medical officer on such board may be 6 a civilian physician, surgeon or dentist. 7 c. A medical examiner or board appointed under this section shall have 8 the same power to take evidence, administer oaths, issue subpoenas and 9 compel witnesses to attend and testify and to produce books and papers, 10 and to punish their failure to do so as is possessed by military courts. 11 d. The findings and recommendations of the medical examiner or board 12 shall be submitted to the adjutant general who may return the 13 proceedings to such examiner or board for reconsideration or for taking 14 further testimony and who shall approve or disapprove the claim and fix 15 the amount, if any, to be paid or allowed under this section. The amount 16 so fixed by the adjutant general shall be a charge against and be paid 17 in the manner provided by this section, by the state. 18 § 3. The military law is amended by adding a new article 14 to read as 19 follows: 20 ARTICLE 14 21 NEW YORK'S OWN COMBAT VETERANS HEALTHCARE CHOICE PROGRAM 22 Section 400. Program established. 23 401. Purpose. 24 402. Definitions. 25 403. Functions of the comptroller and the division. 26 404. Program requirements; New York combat veterans healthcare 27 choice account. 28 405. Program limitations; New York combat veterans healthcare 29 choice account. 30 § 400. Program established. There is hereby established the New York 31 combat veterans healthcare choice program and such program shall be 32 known and may be cited as the "New York's Own combat veterans healthcare 33 choice program". 34 § 401. Purpose. The purposes of the New York combat veterans health- 35 care choice program are to authorize the establishment of veterans 36 healthcare choice accounts and provide guidelines for the maintenance of 37 such accounts to: 38 1. Enable resident veteran members of the organized militia of this 39 state who were on active duty in a combat zone, designated by the presi- 40 dent of the United States during Operation Enduring Freedom or Operation 41 Iraqi Freedom, to obtain healthcare from the provider of their choice, 42 with funds from a New York combat veterans healthcare choice account 43 funded by the state and the service member in accordance with this arti- 44 cle, when after ninety days of making application to or attempting to 45 schedule an appointment with the federal Veterans Administration for 46 such care, the service member is unable to secure timely or adequate 47 healthcare services for injuries and disabilities sustained in the line 48 of active duty in such a combat zone, whenever ordered into such combat 49 zone for three hundred sixty days or more by the governor, the command- 50 ing general of the New York army national guard, the commanding officer 51 of the New York air national guard or the commanding officer of the 52 naval militia; 53 2. Provide funding from the state for New York combat veterans health- 54 care choice accounts in an amount of up to five thousand dollars per 55 calendar year for a period not to exceed three years, when in accordance 56 with this article, a qualified state resident combat veteran is unableS. 2096--D 4 1 to secure healthcare services within ninety days of making application 2 or scheduling an appointment to make such an application for such 3 services from the federal Veterans Administration; and 4 3. To create a state personal income tax deduction for amounts 5 contributed by qualified resident combat veterans to a New York combat 6 veterans healthcare choice account in an amount not to exceed five thou- 7 sand dollars per calendar year as provided in this article. 8 § 402. Definitions. As used in this article, the following terms shall 9 have the following meanings: 10 1. "Account" or "New York combat veterans healthcare choice account" 11 shall mean an individual savings account established in accordance with 12 the provisions of this article. 13 2. "Account owner" shall mean a person who enters into a New York 14 combat veterans healthcare choice account agreement pursuant to the 15 provisions of this article, including a person who enters into such an 16 agreement as a fiduciary or agent on behalf of a trust, estate, partner- 17 ship, association, company or corporation. The account owner may also be 18 the designated beneficiary of the account. 19 3. "Designated beneficiary" shall mean, with respect to an account or 20 accounts, the individual designated as the individual whose healthcare 21 expenses are expected to be paid from the account or accounts. 22 4. "Financial organization" shall mean an organization authorized to 23 do business in the state of New York and (a) is an authorized fiduciary 24 to act as a trustee pursuant to the provisions of an Act of Congress 25 entitled "Employee Retirement Income Security Act of 1974" as such 26 provisions may be amended from time to time, or an insurance company; 27 and (b)(i) is licensed or chartered by the department of financial 28 services, (ii) is chartered by an agency of the federal government, 29 (iii) is subject to the jurisdiction and regulation of the securities 30 and exchange commission of the federal government, or (iv) is any other 31 entity otherwise authorized to act in this state as a trustee of a 32 health savings account pursuant to the provisions of an act of congress 33 entitled the "Medicare Prescription Drug, Improvement, and Modernization 34 Act", as such provisions may be amended from time to time. 35 5. "Eligible healthcare institution" shall mean any institution 36 licensed, certified or authorized by the state to provide healthcare 37 services. 38 6. "Member of family" shall mean a family member as defined in section 39 529 of the Internal Revenue Code of 1986, as amended. 40 7. "Program" shall mean the New York combat veterans healthcare choice 41 account program established pursuant to this article. 42 8. "Qualified healthcare expenses" shall mean any medical expense 43 deductible on federal income taxes. 44 9. "Qualified state service" shall mean active duty service rendered 45 while being ordered into a combat zone, designated by the president of 46 the United States during Operation Enduring Freedom or Operation Iraqi 47 Freedom, for three hundred sixty days or more by the governor, the 48 commanding general of the New York army national guard, the commanding 49 officer of the New York air national guard or the commanding officer of 50 the naval militia. 51 10. "Qualified withdrawal" shall mean a withdrawal from an account to 52 pay the qualified healthcare expenses of a service member or designated 53 beneficiary of an account at an eligible healthcare institution. 54 11. "Nonqualified withdrawal" shall mean a withdrawal from an account 55 which is not: 56 a. a qualified withdrawal; orS. 2096--D 5 1 b. a withdrawal made as the result of the death or disability of the 2 designated beneficiary of the account. 3 12. "Division" shall mean the division of military and naval affairs. 4 13. "Comptroller" shall mean the state comptroller. 5 14. "Management contract" shall mean the contract executed by the 6 comptroller and a financial organization selected to act as a depository 7 and manager of the program. 8 15. "New York combat veterans healthcare choice account agreement" 9 shall mean an agreement between the comptroller or a financial organiza- 10 tion and an account owner. 11 16. "Program manager" shall mean a financial organization selected by 12 the comptroller to act as depository and manager of the program. 13 § 403. Functions of the comptroller and the division. 1. The comp- 14 troller and the division shall implement the program under the terms and 15 conditions established by this article and a memorandum of understanding 16 relating to any terms or conditions not otherwise expressly provided for 17 in this article. 18 2. In furtherance of such implementation the memorandum of understand- 19 ing shall address the authority and responsibility of the comptroller 20 and the division to: 21 a. develop and implement the program in a manner consistent with the 22 provisions of this article through rules and regulations established in 23 accordance with the state administrative procedure act; 24 b. engage the services of consultants on a contract basis for render- 25 ing professional and technical assistance and advice; 26 c. seek rulings and other guidance from the United States Department 27 of Treasury and the Internal Revenue Service relating to the program; 28 d. make changes to the program required for the participants in the 29 program to obtain the federal income tax benefits or treatment provided 30 for health savings accounts; 31 e. charge, impose and collect administrative fees and service charges 32 in connection with any agreement, contract or transaction relating to 33 the program; 34 f. develop marketing plans and promotion material; 35 g. establish the methods by which the funds held in such accounts be 36 dispersed; 37 h. establish the method by which funds shall be allocated to pay for 38 administrative costs; and 39 i. do all things necessary and proper to carry out the purposes of 40 this article. 41 § 404. Program requirements; New York combat veterans healthcare 42 choice account. 1. New York combat veterans healthcare choice accounts 43 established pursuant to the provisions of this article shall be governed 44 by the provisions of this section. 45 2. A New York combat veterans healthcare choice account may be opened 46 by any person who desires to save money for the payment of the qualified 47 healthcare expenses of the designated beneficiary. An account owner may 48 designate another qualified service member as successor owner of the 49 account in the event of the death of the original account owner. Such 50 person who opens an account or any successor owner shall be considered 51 the account owner. 52 a. An application for such account shall be in the form prescribed by 53 the program and contain the following: 54 (i) the name, address and social security number or employer identifi- 55 cation number of the account owner; 56 (ii) the designation of a designated beneficiary;S. 2096--D 6 1 (iii) the name, address, and social security number of the designated 2 beneficiary; and 3 (iv) such other information as the program may require. 4 b. The comptroller and the division may establish a nominal fee for 5 such application. 6 3. Any person, including the account owner, may make contributions to 7 the account after the account is opened. 8 4. Contributions to accounts may be made only in cash. 9 5. An account owner may make a qualified withdrawal of all or part of 10 the balance from an account on sixty days notice or such shorter period 11 as may be authorized under rules governing the program. Such rules shall 12 include provisions that will generally enable the determination as to 13 whether a withdrawal is a nonqualified withdrawal or a qualified with- 14 drawal. 15 6. An account owner may change the designated beneficiary of an 16 account to a service member who is a member of the family of the prior 17 designated beneficiary in accordance with procedures established by the 18 memorandum of understanding pursuant to the provisions of section four 19 hundred three of this article. 20 7. The program shall provide separate accounting for each designated 21 beneficiary. 22 8. No account owner or designated beneficiary of any account shall be 23 permitted to direct the investment of any contributions to an account or 24 the earnings thereon more than two times in any calendar year. 25 9. Neither an account owner nor a designated beneficiary may use an 26 interest in an account as security for a loan. Any pledge of an interest 27 in an account shall be of no force and effect. 28 10. The comptroller shall promulgate rules or regulations to prevent 29 contributions on behalf of a designated beneficiary in excess of an 30 amount that would cause the aggregate account balance for all accounts 31 for a designated beneficiary to exceed a maximum account balance, as 32 established from time to time by the comptroller and the division on the 33 basis of healthcare costs in the state, with adequate safeguards to 34 prevent more contributions than necessary to provide for the qualified 35 healthcare costs of the beneficiary, as required to maintain the program 36 as a "qualified health savings program" pursuant to federal law. 37 11. a. If there is any distribution from an account to any individual 38 or for the benefit of any individual during a calendar year, such 39 distribution shall be reported to the Internal Revenue Service and the 40 account owner, the designated beneficiary, or the distributee to the 41 extent required by federal law or regulation. 42 b. Statements shall be provided to each account owner at least once 43 each year within sixty days after the end of the twelve month period to 44 which they relate. The statement shall identify the contributions made 45 during a preceding twelve month period, the total contributions made to 46 the account through the end of the period, the value of the account at 47 the end of such period, distributions made during such period and any 48 other information that the comptroller shall require to be reported to 49 the account owner. 50 c. Statements and information relating to accounts shall be prepared 51 and filed to the extent required by federal and state tax law. 52 12. a. A local government or organization described in section 53 501(c)(3) of the Internal Revenue Code of 1986, as amended, may open and 54 become the account owner of an account to fund qualified healthcare 55 expenses for persons whose identity will be determined upon disburse- 56 ment.S. 2096--D 7 1 b. In the case of any account opened pursuant to paragraph a of this 2 subdivision the requirement set forth in subdivision two of this section 3 that a designated beneficiary be designated when an account is opened 4 shall not apply and each individual who receives an interest in such 5 account as a qualified healthcare expense grant shall be treated as a 6 designated beneficiary with respect to such interest. 7 13. An annual fee may be imposed upon the account owner for the main- 8 tenance of the account. 9 14. The program shall disclose the following information in writing to 10 each account owner and prospective account owner of a New York combat 11 veterans healthcare choice account: 12 a. the terms and conditions for purchasing a New York combat veterans 13 healthcare choice account; 14 b. any restrictions on the substitution of beneficiaries; 15 c. the person or entity entitled to terminate the New York combat 16 veterans healthcare choice account agreement; 17 d. the period of time during which a beneficiary may receive benefits 18 under the New York combat veterans healthcare choice account agreement; 19 e. the terms and conditions under which money may be wholly or 20 partially withdrawn from the program, including, but not limited to, any 21 reasonable charges and fees that may be imposed for withdrawal; 22 f. the probable tax consequences associated with contributions to and 23 distributions from accounts; and 24 g. all other rights and obligations pursuant to New York combat veter- 25 ans healthcare choice account agreements, and any other terms, condi- 26 tions, and provisions deemed necessary and appropriate by the terms of 27 the memorandum of understanding entered into pursuant to section four 28 hundred three of this article. 29 15. New York combat veterans healthcare choice account agreements 30 shall be subject to section fourteen-c of the banking law and the 31 "truth-in-savings" regulations promulgated thereunder. 32 16. Nothing in this article or in any New York combat veterans health- 33 care choice account agreement entered into pursuant to this article 34 shall be construed as a guarantee by the state or any healthcare provid- 35 er that a beneficiary will be admitted to an eligible healthcare insti- 36 tution, or, upon admission to an eligible healthcare institution will be 37 permitted to remain in such eligible healthcare institution. 38 § 405. Program limitations; New York combat veterans healthcare choice 39 account. 1. Nothing in this article shall be construed to: 40 a. give any designated beneficiary any rights or legal interest with 41 respect to an account unless the designated beneficiary is the account 42 owner; 43 b. guarantee that a designated beneficiary will be admitted to an 44 eligible healthcare institution; 45 c. create state residency for an individual merely because the indi- 46 vidual is a designated beneficiary; or 47 d. guarantee that amounts saved pursuant to the program will be suffi- 48 cient to cover the qualified healthcare expenses of a designated benefi- 49 ciary. 50 2. a. Nothing in this article shall create or be construed to create 51 any obligation of the comptroller, the state, or any agency or instru- 52 mentality of the state to guarantee for the benefit of any account owner 53 or designated beneficiary with respect to: 54 (i) the rate of interest or other return on any account; and 55 (ii) the payment of interest or other return on any account.S. 2096--D 8 1 b. The comptroller and the division by rule or regulation shall 2 provide that every contract, application, deposit slip, or other similar 3 document that may be used in connection with a contribution to an 4 account clearly indicate that the account is not insured by the state 5 and neither the principal deposited nor the investment return is guaran- 6 teed by the state. 7 § 4. The state finance law is amended by adding a new section 82 to 8 read as follows: 9 § 82. New York combat veterans healthcare choice program trust fund. 10 1. There is hereby established in the sole custody of the state comp- 11 troller a special fund to be known as the New York combat veterans 12 healthcare choice program trust fund. All payments from such fund shall 13 be made in accordance with article fourteen of the military law and the 14 memorandum of understanding entered into pursuant thereto on the audit 15 of the state comptroller. 16 2. The fund shall be a trust fund and shall consist of a trust account 17 and an operating account. The trust account shall include amounts 18 received by the New York combat veterans healthcare choice program 19 pursuant to New York combat veterans healthcare choice account agree- 20 ments, administrative charges, fees, and all other amounts received by 21 the program from other sources, and interest and investment income 22 earned by the trust fund. The comptroller shall, from time to time, make 23 transfers from the trust account to the operating account for the imme- 24 diate payment of obligations under New York combat veterans healthcare 25 choice account agreements, operating expenses and administrative costs 26 of the New York combat veterans healthcare choice account. Administra- 27 tive costs shall be paid out of the operating account according to the 28 terms and conditions established pursuant to the provisions of section 29 four hundred three of the military law. 30 3. (a) The comptroller, as trustee, shall invest the assets of the 31 trust fund in investments authorized by article four-A of the retirement 32 and social security law, provided however, that: 33 (i) the provisions of paragraph (a) of subdivision two of section one 34 hundred seventy-seven of the retirement and social security law shall 35 not apply except for the first clause of subparagraph (ii) of such para- 36 graph; and 37 (ii) notwithstanding the provisions of subdivision seven of section 38 one hundred seventy-seven of the retirement and social security law or 39 any other law to the contrary, the assets of the trust fund may be 40 invested in any funding agreement issued in accordance with section 41 three thousand two hundred twenty-two of the insurance law by a domestic 42 life insurance company or a foreign life insurance company doing busi- 43 ness in this state, subject to the following: 44 (1) such a funding agreement may provide for a guaranteed minimum rate 45 of return; 46 (2) such a funding agreement may be allocated as either a separate 47 account or a general account of the issuer, as the comptroller may 48 decide; 49 (3) total investments of the trust fund pursuant to this paragraph in 50 any funding agreements issued by a single life insurance company which 51 are allocated as a general account of the issuer shall not, in the 52 aggregate, exceed three hundred fifty million dollars; and 53 (4) no assets of the trust fund shall be invested in any such funding 54 agreement unless, at the time of such investment, the general obli- 55 gations or financial strength of the issuer have received either the 56 highest or second highest rating by two nationally recognized ratingS. 2096--D 9 1 services or by one nationally recognized rating service in the event 2 that only one such service rates such obligations. 3 (b) Trust fund assets shall be kept separate and shall not be commin- 4 gled with other assets, except as provided in this section. The comp- 5 troller may enter into contracts to provide for investment advice and 6 management, custodial services, and other professional services for the 7 administration and investment of the program. Administrative fees, costs 8 and expenses, including investment fees and expenses, shall be paid from 9 the assets of the fund. 10 4. The comptroller shall provide for the administration of the trust 11 fund, including maintaining participant records and accounts, and 12 providing annual audited reports. The comptroller may enter into 13 contracts to provide administrative services and reporting. 14 § 5. Section 5205 of the civil practice law and rules is amended by 15 adding a new subdivision (p) to read as follows: 16 (p) Exemption for New York combat veterans healthcare choice program 17 trust fund payment monies. Monies in an account created pursuant to 18 article fourteen of the military law are exempt from application to the 19 satisfaction of a money judgment. 20 § 6. Subsection (b) of section 612 of the tax law is amended by adding 21 a new paragraph 43 to read as follows: 22 (43) Distributions received during the taxable year by a distribution 23 of a New York combat veterans healthcare choice account established 24 pursuant to article fourteen of the military law, to the extent such 25 distributions are not qualified withdrawals within the meaning of subdi- 26 vision ten of section four hundred two of the military law. 27 § 7. Subsection (c) of section 612 of the tax law is amended by adding 28 two new paragraphs 44 and 45 to read as follows: 29 (44) Contributions made during the taxable year by an account owner to 30 one or more New York combat veterans healthcare choice accounts estab- 31 lished pursuant to article fourteen of the military law, to the extent 32 not deductible or eligible for credit for federal income tax purposes, 33 provided, however, the exclusion provided for in this paragraph shall 34 not exceed five thousand dollars for an individual or head of household, 35 and for married couples who file joint tax returns, shall not exceed ten 36 thousand dollars; provided, further, that such exclusion shall be avail- 37 able only to the account owner and not to any other person. 38 (45) Distributions from a New York combat veterans healthcare choice 39 account established pursuant to article fourteen of the military law, to 40 the extent includible in gross income for federal income tax purposes. 41 § 8. Subsection (d) of section 658 of the tax law is amended by adding 42 a new paragraph 4 to read as follows: 43 (4) The commissioner may by regulation or instruction require the 44 filing of a report annually by the comptroller or program manager of the 45 New York combat veterans healthcare choice program, or their designee, 46 setting forth the names and identification numbers of account owners, 47 designated beneficiaries and distributees of New York combat veterans 48 healthcare choice program accounts, the amounts contributed to such 49 accounts, the amounts distributed from such accounts and the nature of 50 such distributions as qualified withdrawals or as withdrawals other than 51 qualified withdrawals, and any such other information as the commission- 52 er may require regarding the taxation under this article of amounts 53 contributed to or withdrawn from such accounts. The commissioner may 54 require that any such report also be made to the account owner, desig- 55 nated beneficiary or distributee of any such account.S. 2096--D 10 1 § 9. Section 190 of the executive law is amended by adding a new 2 subdivision 6 to read as follows: 3 6. The division of military and naval affairs shall establish and 4 maintain a voluntary registry of state residents who are honorably 5 discharged veterans of the armed forces of the United States, and who 6 served on regular active duty (other than for training) during part of 7 one of the following periods: 8 (a) from September eighteenth, two thousand one until the end of the 9 United States military efforts in Afghanistan; or 10 (b) from October sixteenth, two thousand two until the end of the 11 United States military efforts in Iraq. 12 The information in such registry shall be deemed confidential, and may 13 only be accessed by such veteran for purposes of proof of his or her 14 military service. 15 § 10. This act shall take effect immediately and shall apply to taxa- 16 ble years beginning after December 31, 2018.