BILL NUMBER: AB 487	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cook
   (Principal coauthors: Assembly Members Allen and Chesbro)

                        FEBRUARY 15, 2011

   An act to amend Section 1012.3 of the Military and Veterans Code,
relating to veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 487, as introduced, Cook. Veterans homes: fees and charges.
   Existing law provides for the establishment and operation of the
Veterans' Home of California at various sites for aged and disabled
veterans who meet certain eligibility requirements. Existing law
requires members of the homes to pay fees and charges as determined
by the department, but prohibit the total of the member's fees and
charges for specified types of care for any fiscal year to be greater
than a certain percentage of the member's annual income.
   This bill would instead require the member's fees and charges for
any fiscal year be the lesser of a percentage of the member's annual
income or a flat amount. This bill would also, beginning January 1,
2012, and each year thereafter, require the flat amount to be
recalculated to reflect any changes in the Consumer Price Index, as
prepared by the Department of Finance, from the previous year.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 1012.3 of the Military and Veterans Code is
amended to read:
   1012.3.  (a) Members of the home shall pay fees and charges as
determined by the department, except that the total of the individual
member's fees and charges for any fiscal year shall not be greater
than as set forth in the following schedule:
   (1) Forty-seven and one-half percent of the member's annual income
 or one thousand six hundred sixty-   five dollars
($1,665) per month, whichever is less,  for domiciliary care.
   (2) Fifty-five percent of the member's annual income  or one
thousand eight hundred dollars ($1,800) per month, whichever is less,
 for residential care for the elderly or assisted living.
   (3) Sixty-five percent of the member's annual income  or three
thousand four hundred fifty dollars ($3,450) per month,  for
intermediate care.
   (4) Seventy percent of the member's annual income  or three
thousand seven hundred fifty dollars ($3,750) per month, whichever is
less,  for skilled nursing care.
   (b) Nonveteran spouses who become members of the home on or after
July 1, 2009, shall pay fees and charges based on the level of care,
as described in subdivision (a), or an amount equal to the annual
amount of federal per diem received for a veteran member in
domiciliary care, whichever is greater. If the nonveteran member's
income is less than the annual amount of federal per diem for a
veteran member in domiciliary care, the nonveteran member shall pay a
maximum of 90 percent of his or her annual income. 
   (c) Beginning January 1, 2012, and January 1 of every year
thereafter, limits to member fees and charges defined in subdivision
(a) shall be recalculated to reflect any changes in the Consumer
Price Index, as prepared by the Department of Finance, from the
previous year beginning January 1 and ending December 31. The same
percentage change in the Consumer Price Index shall be applied to
each fee and charge limit, rounded to the nearest dollar amount.