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AB-487 Veterans’ homes: fees and charges.(2011-2012)

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Amended  IN  Assembly  April 11, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 487


Introduced  by  Assembly Member Cook
(Principal Coauthor(s): Assembly Member Allen, Chesbro)

February 15, 2011


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


LEGISLATIVE COUNSEL'S DIGEST


AB 487, as amended, Cook. Veterans 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 prohibit 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 instead require the member’s fees and charges for any fiscal year be the lesser of a percentage of the member’s annual income or a flat amount. This bill would also, beginning January 1, 2012, and each year thereafter, require the flat amount to be recalculated to reflect any changes in the Consumer Price Index, as prepared by the Department of Finance, VA disability compensation, as specified, from the previous year.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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.
 (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 or one thousand six hundred sixty-five dollars ($1,665) per month, whichever is less, for domiciliary care.
(2) Fifty-five percent of the member’s annual income or one thousand eight hundred dollars ($1,800) per month, whichever is less, for residential care for the elderly or assisted living.
(3) Sixty-five percent of the member’s annual income or three thousand four hundred fifty dollars ($3,450) per month, whichever is less, for intermediate care.
(4) Seventy percent of the member’s annual income or three thousand seven hundred fifty dollars ($3,750) per month, whichever is less, 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) Beginning January 1, 2012, and January 1 of every year thereafter, limits to member fees and charges defined in subdivision (a) shall be recalculated to reflect any changes in the Consumer Price Index, as prepared by the Department of Finance, from the VA disability compensation paid by the United States Department of Veterans Affairs, from the previous year beginning January 1 and ending December 31. The same percentage change in the Consumer Price Index VA disability compensation shall be applied to each fee and charge limit, rounded to the nearest dollar amount.