Amended in Assembly August 18, 2014

Amended in Senate April 22, 2014

Amended in Senate April 1, 2014

Senate Bill No. 1440

Introduced by Senator Wolk

(Principal coauthor: Assembly Member Achadjian)

(Coauthors: Senators Block, Knight, and Vidak)

(Coauthors: Assembly Members Brown and Yamada)

February 21, 2014

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

LEGISLATIVE COUNSEL’S DIGEST

SB 1440, as amended, Wolk. 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 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. Existing law also requires nonveteran spouses who become members of the home on or after July 1, 2009, to pay fees and charges based on the level of care, as specified, or an amount equal to the annual amount of federal per diem received for a veteran member in domiciliary care, whichever is greater, as provided.

This bill would instead require nonveteran spouses to pay the same fees and charges as paid by the veteran members of the home, as determined by the department and subject to the same prohibitions.

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This bill would incorporate additional changes to Section 1012.3 of the Military and Veterans Code proposed by AB 614 that would become operative if this bill and AB 614 are both chaptered and this bill is chaptered last.

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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.  

Members of the home, including members who are
nonveteran spouses, 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:

(a) Forty-seven and one-half percent of the member’s annual
income for domiciliary care.

(b) Fifty-five percent of the member’s annual income for
residential care for the elderly or assisted living.

(c) Sixty-five percent of the member’s annual income for
intermediate care.

(d) Seventy percent of the member’s annual income for skilled
nursing care.

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begin insert SEC. 1.5. end insert   

end insert

begin insert Section 1012.3 of the end insert begin insert Military and Veterans Code end insert begin insert is
amended to read: end insert

1012.3.  

(a) Members of the home begin insert , including members who
are nonveteran spouses, end insert 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.

begin delete

(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.

end delete begin insert

(b) 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.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

Section 1.5 of this bill incorporates amendments to
Section 1012.3 of the Military and Veterans Code proposed by
both this bill and Assembly Bill 614. It shall only become operative
if (1) both bills are enacted and become effective on or before
January 1, 2015, but this bill becomes operative first, (2) each bill
amends Section 1012.3 of the Military and Veterans Code, and
(3) this bill is enacted after Assembly Bill 614, in which case
Section 1012.3 of the Military and Veterans Code, as amended by
Section 1 of this bill, shall remain operative only until the operative
date of Assembly Bill 614, at which time Section 1.5 of this bill
shall become operative.

end insert