Amended in Senate June 17, 2014

Amended in Assembly April 22, 2013

Amended in Assembly April 10, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 614

Introduced by Assembly Member Chávez

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(Coauthor: Assembly Member Atkins)

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February 20, 2013

An act to amend begin delete Section 1012.1 end delete begin insert Sections 1012.2 and 1012.3 end insert of the Military and Veterans Code, relating to veterans.

LEGISLATIVE COUNSEL’S DIGEST

AB 614, as amended, Chávez. Veterans’ homes of California: begin delete financial investigation end delete begin insert reimbursement rates end insert .

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. begin delete 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. end delete begin insert 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. end insert

This bill would begin delete instead, prior to the admission of a veteran as a member of the home, require the department to review 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. end delete begin insert provide that a veteran member of the home 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. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 1012.2 of the end insert begin insert Military and Veterans Code end insert
begin insert is amended to read: end insert

1012.2.  

begin insert (a) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert 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. begin delete 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. end delete

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(2) Paragraph (1) shall not apply to a member of the home who
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.

end insert begin insert

(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.

end insert

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begin insert SEC. 2. end insert   

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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 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.

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(c) Subdivision (a) shall not apply to a member of the home who
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.

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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, the department shall review the veteran’s financial
status to ensure that the veteran is unable to pay for necessary
hospital or domiciliary care outside of the home.

(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.

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