BILL NUMBER: SB 1281	CHAPTERED  09/11/02

	CHAPTER  466
	FILED WITH SECRETARY OF STATE  SEPTEMBER 11, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 11, 2002
	PASSED THE ASSEMBLY  AUGUST 15, 2002
	PASSED THE SENATE  MAY 20, 2002
	AMENDED IN SENATE  APRIL 24, 2002
	AMENDED IN SENATE  MARCH 12, 2002

INTRODUCED BY   Senator Haynes

                        JANUARY 16, 2002

   An act to add Sections 1035.6 and 1035.7 to the Military and
Veterans Code, relating to veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1281, Haynes.  Veterans homes:  accounting for charges.
   Under existing law, a member of a veterans home is required to pay
fees and charges as determined by the Department of Veterans
Affairs.
   This bill would require the administrator of the home to provide
each member of the home upon admission, with a written notice, as
specified, of the costs of care that may be incurred in excess of the
member contribution fee, and with a quarterly statement or
accounting of all charges for the costs of care rendered to the
member in excess of the member fee, as defined.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1035.6 is added to the Military and Veterans
Code, to read:
   1035.6.  (a) The administrator shall provide each member of the
home with a quarterly statement or accounting of all charges for the
cost of care rendered to the member in excess of the member fee, as
defined in subdivision (b).  The quarterly statement or accounting of
charges shall clearly indicate that the charges for the excess costs
of care are provided to the member for informational purposes only.

   (b) "Cost of care in excess of the member fee" means all costs
that are not covered by the member contribution fee, including, but
not limited to, the unreimbursed cost of medical or dental services
rendered to the member, either by the home or under contract with the
home.  The Department of Veterans Affairs shall promulgate
regulations specifying the costs that are in excess of the member
contribution fee and constitute the unreimbursed cost of care.
  SEC. 2.  Section 1035.7 is added to the Military and Veterans Code,
to read:
   1035.7.  Upon admission to a California veterans home, the
administrator of each home shall provide written notice to the
veteran informing him or her of costs of care that may be incurred in
excess of the member contribution fee.  The notification shall:
   (a) Include an explanation of circumstances under which the member
may incur costs that are in excess of the contribution fee.
   (b) Specifically indicate that these excess costs of care are
costs in addition to, or above and beyond, the member contribution
fee.
   (c) Provide examples of "excess costs of care that are frequently
incurred by veterans."
   (d) Inform the member that he or she will receive a quarterly
accounting statement of the total excess costs of care, but that the
statement is provided for informational purposes only.
   (e) Inform the veteran that, if he or she is a resident of the
home at the time of death, the home may disburse his or her moneys or
personal property for payment of unreimbursed excess costs of care.

   (f) Include a statement advising the member to seek counsel from a
legal expert to protect his or her assets.