BILL ANALYSIS
SENATE COMMITTEE ON VETERANS AFFAIRS
JEFF DENHAM, CHAIRMAN
Bill No: SB 950
Author: Wiggins
Version: As Introduced
Hearing Date: April 13, 2010
Fiscal: Yes
Consultant: Donald E. Wilson
SUBJECT OF BILL
Veterans' Homes: accounting for charges: written
notification.
PROPOSED LAW
1.Requires that terms and conditions for entry into
veterans' homes are written in plain language.
2.Requires that potential residents must be notified of any
terms or conditions that may change fees and costs.
3.Requires a signature from the veteran that he or she has
read AND understands the notifications given.
EXISTING LAW AND BACKGROUND
Existing law establishes the veterans' homes and requires
certain procedures that properly notify potential residents
in writing by the administrator of any costs that may be
incurred "in excess of the member contribution fee". (MVC
1035.7)
The notification is required to include the following -
a) "Explanation of circumstances under which the member may
incur costs";
b) "Specifically indicate that these excess costs of care
are costs in addition to, or above and beyond, the member
contribution fee";
c) Provide examples of "excess costs of care that are
frequently incurred by veterans";
d) Notify the would-be resident that a quarterly accounting
of the costs will be provided although the statement is for
information purposes only;
e) "Inform the veteran that, if he or she is a resident of
the home at the time of death, the home may disburse his or
her moneys or personal property for payment of unreimbursed
excess costs of care";
f) Provide an advisory to the resident to seek legal
expertise on the protection of his or her assets.
In the Fall of 2009, Medal of Honor winner Alejandro Ruiz
passed from this life at the Yountville Veterans' Home.
Shortly thereafter a news story developed when Mr. Ruiz's
family was billed $262,500 for his four years at Yountville
that was above and beyond the $3,000 per month he was
paying during his time as a resident.
According to news reports the family of Mr. Ruiz was
unaware of the sum required beyond the $3,000 per month.
Mr. Ruiz left the family $60,000.
COMMENT
1. As noted above, many requirements to inform
Veterans Home residents of their rights already exist
in current law.
2. However, there is no requirement in the code at the
present time to have the veteran or his or her family
sign anything acknowledging any understanding of the
rules or how they work.
3. Additionally, the proposed "plain, straightforward
language" requirement seeks to better ensure the
veteran or the family knows what is being signed.
Page 2
4. These new requirements are Senator Wiggins's
attempt to prevent another scenario like that of
Alejandro Ruiz.
5. This is a new bill. There are no previous votes.
SUPPORT
None received
OPPOSE
None received
Page 3