BILL NUMBER: AB 614	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 4, 2014
	AMENDED IN SENATE  JUNE 17, 2014
	AMENDED IN ASSEMBLY  APRIL 22, 2013
	AMENDED IN ASSEMBLY  APRIL 10, 2013

INTRODUCED BY   Assembly Member Chávez

                        FEBRUARY 20, 2013

   An act to amend Sections 1012.2 and 1012.3 of the Military and
Veterans Code, relating to veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   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 home  who
is in intermediate care or skilled nursing care  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 1.  Section 1012.2 of the Military and Veterans Code is
amended to read:
   1012.2.  (a) (1) Notwithstanding any other law, any member of the
home who is receiving an aid and attendance allowance from the United
States Department of Veterans Affairs and who has no dependent
spouse, child, grandchild, father, or mother shall pay to the home an
amount equal to that allowance in all levels of care excluding
domiciliary.
   (2) Paragraph (1) shall not apply to a member of the home who 
is in intermediate care or skilled nursing care and  has a
disability that has been rated by the United States Department of
Veterans Affairs as being 70 percent or more service-connected, as
determined under Part 4 of Title 38 of the Code of Federal
Regulations.
   (b) One hundred percent of the moneys received by the home under
this section shall be placed to the credit of the home and shall
augment the current appropriation for the support of the home.
  SEC. 2.  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
for domiciliary care.
   (2) Fifty-five percent of the member's annual income for
residential care for the elderly or assisted living.
   (3) Sixty-five percent of the member's annual income for
intermediate care.
   (4) Seventy percent of the member's annual income 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) Subdivision (a) shall not apply to a member of the home who
 is   in intermediate care or skilled nursing care and
 has a disability that has been rated by the United States
Department of Veterans Affairs as being 70 percent or more
service-connected, as determined under Part 4 of Title 38 of the Code
of Federal Regulations and whose related payments made under Section
51.41 of Title 38 of the Code of Federal Regulations are considered
by the United States Department of Veterans Affairs as payment in
full for the member's care.