Amended in Senate August 21, 2014

Amended in Senate August 4, 2014

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

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.

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This bill would incorporate additional changes to Section 1012.3 of the Military and Veterans Code proposed by SB 1440 that would become operative if this bill and SB 1440 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 1012.2 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.

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begin insert SEC. 2.5. 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. 3. end insert   

end insert begin insert

Section 2.5 of this bill incorporates amendments to
Section 1012.3 of the Military and Veterans Code proposed by
this bill and SB 1440. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2015, (2) each bill amends Section 1012.3 of the Military and
Veterans Code, and (3) this bill is enacted after SB 1440, in which
case Section 1012.3 of the Military and Veterans Code, as amended
by SB 1440, shall remain operative only until the operative date
of this bill, at which time Section 2.5 of this bill shall become
operative, and Section 2 of this bill shall not become operative.

end insert