Today's Law As Amended


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AB-614 Veterans’ homes of California: reimbursement rates.(2013-2014)



As Amends the Law Today


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 for the member’s own care  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.  
(b) (2)  Subdivision (a) Paragraph (1)  shall not apply to a member of a 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 a home, including members who are nonveteran spouses or domestic partners,  the home  shall pay fees and charges  as determined by the department to cover room and board and other expenses defined in regulations,  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.
(b) (c)  Subdivision (a) shall not apply to a member of a 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.
(c) Subdivision (a) shall not apply to penalties for late fee payment.
(d) Failure to pay the required fees may be cause for the administrator to refer the member to collections or dismiss the member from the home.

SEC. 2.5.

 Section 1012.3 of the Military and Veterans Code is amended to read:

1012.3.
 (a) Members of a the  home, including members who are nonveteran spouses or domestic partners,  spouses,  shall pay fees and charges  as determined by the department to cover room and board and other expenses defined in regulations,  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) Subdivision (a) shall not apply to a member of a 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.
(c) Subdivision (a) shall not apply to penalties for late fee payment.
(d) Failure to pay the required fees may be cause for the administrator to refer the member to collections or dismiss the member from the home.
SEC. 3.
 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.