AB 614, as amended, Chávez. Veterans’ homes of California: reimbursement rates.
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 prohibits 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 provide that a veteran member of the homebegin insert who is in intermediate care or skilled nursing careend insert would not be subject to charges and fees if he or she meets specified criteria for disability status and payments by the federal Department of Veterans Affairs under specified federal regulations.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1012.2 of the Military and Veterans Code
2 is amended to read:
(a) (1) Notwithstanding any other law, any member
4of the home who is receiving an aid and attendance allowance
5from the United States Department of Veterans Affairs and who
6has no dependent spouse, child, grandchild, father, or mother shall
7pay to the home an amount equal to that allowance in all levels of
8care excluding domiciliary.
9(2) Paragraph (1) shall not apply to a member of the home who
10begin insert is in intermediate care or skilled nursing care andend insert has a disability
11that has been rated by the United States Department of Veterans
12Affairs as being 70 percent or more service-connected,
as
13determined under Part 4 of Title 38 of the Code of Federal
14Regulations.
15(b) One hundred percent of the moneys received by the home
16under this section shall be placed to the credit of the home and
17shall augment the current appropriation for the support of the home.
Section 1012.3 of the Military and Veterans Code is
19amended to read:
(a) Members of the home shall pay fees and charges
21as determined by the department, except that the total of the
22individual member’s fees and charges for any fiscal year shall not
23be greater than as set forth in the following schedule:
24(1) Forty-seven and one-half percent of the member’s annual
25income for domiciliary care.
26(2) Fifty-five percent of the member’s annual income for
27residential care for the elderly or assisted living.
28(3) Sixty-five percent of the member’s annual income for
29intermediate care.
30(4) Seventy percent of the member’s annual income for skilled
31nursing care.
32(b) Nonveteran spouses who become members of the home on
33or after July 1, 2009, shall pay fees and charges based on the level
34of care, as described in subdivision (a), or an amount equal to the
35annual amount of federal per diem received for a veteran member
P3 1in domiciliary care, whichever is greater. If the nonveteran
2member’s income is less than the annual amount of federal per
3diem for a veteran member in domiciliary care, the nonveteran
4member shall pay a maximum of 90 percent of his or her annual
5income.
6(c) Subdivision (a) shall not apply to a member of the home
7whobegin insert is
in intermediate care or skilled nursing care andend insert has a
8disability that has been rated by the United States Department of
9Veterans Affairs as being 70 percent or more service-connected,
10as determined under Part 4 of Title 38 of the Code of Federal
11Regulations and whose related payments made under Section 51.41
12of Title 38 of the Code of Federal Regulations are considered by
13the United States Department of Veterans Affairs as payment in
14full for the member’s care.
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