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AB-488 Veterans’ homes: fees and charges.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 488


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 488, as introduced, Cook. 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. Existing law also requires nonveteran spouses who become members of the home on or after July 1, 2009, to pay fees and charges based on the level of care, as specified, or an amount equal to the annual amount of federal per diem received for a veteran member in domiciliary care, whichever is greater, as provided.
This bill would instead require nonveteran spouses to pay the same fees and charges as paid by the veteran members of the home, as determined by the department and subject to the same prohibitions.
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, including members who are nonveteran spouses, 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)

(a) Forty-seven and one-half percent of the member’s annual income for domiciliary care.

(2)

(b) Fifty-five percent of the member’s annual income for residential care for the elderly or assisted living.

(3)

(c) Sixty-five percent of the member’s annual income for intermediate care.

(4)

(d) 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.