AB 614 Assembly Bill

BILL NUMBER: AB 614	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2013

INTRODUCED BY   Assembly Member Chávez
    (   Coauthor:   Assembly Member  
Atkins   ) 

                        FEBRUARY 20, 2013

   An act to amend Section  1012   1012.1 
of the Military and Veterans Code, relating to veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 614, as amended, Chávez. Veterans' homes of California:
 priority admission.   financial investigation.
 
   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
authorizes, prior to the admission of a veteran as a member of the
home, and at any time during which the veteran is a member, the
Department of Veterans Affairs to investigate the veteran's financial
status to ensure that the veteran is unable to pay for the necessary
hospital or domiciliary care outside of the home, as provided. 

   This bill would instead, prior to the admission of a veteran as a
member of the home, require the department to investigate the veteran'
s financial status to ensure that the veteran is unable to pay for
the necessary hospital or domiciliary care outside of the home. This
bill would authorize the department to promulgate and maintain
regulations.  
   Existing law establishes a Veterans' Home of California at
specified sites for aged and disabled veterans who served in the
United States Armed Forces. Existing law requires veterans who served
during a time of war to be given priority admission over those who
served in a time of peace, and requires highest priority to be given
to Medal of Honor recipients and former prisoners of war. 

   This bill would instead require, on and after January 1, 2014,
priority admission to be given first to Medal of Honor recipients and
former prisoners of war, then to veterans whose financial status
makes them unable to pay for necessary hospital or domiciliary care,
and then to veterans who served during a time of war. 
   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 1012.1 of the  
Military and Veterans Code   is amended to read: 
   1012.1.   (a)    Prior to the admission of a
veteran as a member of the home,  and at any time during
which a veteran is a member of the home,  the department
 may   shall  investigate the 
veterans'   veteran's  financial status to 
insure   ensure  that the veteran is unable to pay
for necessary hospital or domiciliary care outside of the home.
 The department may contract with any other state agency to
conduct such an investigation in its behalf.  
   (b) The department may at any time during which a veteran is a
member of the home investigate the veteran's financial status to
ensure that the veteran is unable to pay for necessary hospital or
domiciliary care outside of the home.  
   (c) The department may contract with any other state agency to
conduct any investigation on its behalf.  
   (d) The department may promulgate regulations to implement this
section.  
  SECTION 1.   Section 1012 of the Military and
Veterans Code is amended to read:
   1012.  (a) Except as provided in Section 1012.4, the home is for
aged and disabled persons who served in the Armed Forces of the
United States of America who were discharged or released from active
duty under honorable conditions from service, who are eligible for
hospitalization or domiciliary care in a veterans' facility in
accordance with the rules and regulations of the United States
Department of Veterans Affairs, and who are bona fide residents of
this state at the time of application; and for the spouses of these
persons if all of the following conditions, as are applicable, are
satisfied:
   (1) Space is available.
   (2) Joint residency will be in the best interests of the home
member, as determined by the administrator.
   (3) The spouse is a bona fide resident of this state at the time
of application for admission to the home and either is married to,
and has resided with, the home member for at least one year, or is
the widow or widower of a recipient of the Medal of Honor or a former
prisoner of war (POW).
   (4) The home member and spouse agree to pay the fees and charges
for joint residency, or for a widow or widower, for the residency,
that the administrator may establish.
   (b) (1) Veterans who qualify for benefits under this chapter due
to service during a time of war shall be given priority over veterans
who qualify due to service during a time of peace.
   (2) Veterans who qualify for benefits under this chapter who are
recipients of the Medal of Honor or who were prisoners of war (POWs)
shall be given priority over all other qualified veterans, regardless
of the level of care required.
   (3) This subdivision shall apply to veterans admitted to the home
prior to January 1, 2014.
   (c) (1) Priority admission shall be given to veterans who qualify
for benefits under this chapter in the following order:
   (A) First, to veterans who are recipients of the Medal of Honor or
who were POWs.
   (B) Second, to veterans whose financial status makes them unable
to pay for necessary hospital or domiciliary care.
   (C) Third, to veterans who served during a time of war.
   (2) This subdivision shall apply to veterans admitted to the home
on and after January 1, 2014.
   (d) A resident spouse may continue residence after the veteran's
death.
   (e) The property of the home shall be used for this purpose.