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AB-1823 Veterans’ homes: accounting for charges.(2011-2012)

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Assembly Bill No. 1823
CHAPTER 158

An act to amend Section 1035.6 of the Military and Veterans Code, relating to veterans.

[ Approved by Governor  July 23, 2012. Filed with Secretary of State  July 23, 2012. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1823, Yamada. Veterans’ homes: accounting for charges.
Under existing law, a member of a veterans’ home is required to pay fees and charges as determined by the Department of Veterans Affairs. Existing law requires the administrator of the home to provide each member with a quarterly statement or accounting of all charges for the costs of care rendered to the member in excess of the member fee, as defined.
This bill would require the quarterly statement or accounting of all charges to include information relating to payment of any outstanding charges at the time of the veteran’s death, including the use of a deceased veteran’s personal property or money for payment of outstanding charges, and a statement advising the member to seek counsel from a legal expert to protect his or her assets.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1035.6 of the Military and Veterans Code is amended to read:

1035.6.
 (a) The administrator shall provide each member of the home with a quarterly statement or accounting of all charges for the costs of care rendered to the member in excess of the member fee, as defined in subdivision (b). The quarterly statement or accounting of charges shall include, in plain, straightforward language, avoiding technical terms as much as possible and using a coherent and easily readable style, all of the following:
(1) A statement that the charges for the excess costs of care are provided to the member for informational purposes only.
(2) A statement that, if the veteran is a resident of the home at the time of death, the home may use his or her money or personal property that is in possession of the home for payment of unreimbursed excess costs of care.
(3) A statement that advises the member to seek counsel from a legal expert to protect his or her assets.
(b) “Costs of care in excess of the member fee” means all costs that are not covered by the member contribution fee, including, but not limited to, the unreimbursed costs of medical or dental services rendered to the member, either by the home or under contract with the home. The Department of Veterans Affairs shall promulgate regulations specifying the costs that are in excess of the member contribution fee and constitute the unreimbursed costs of care.