Today's Law As Amended


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SB-1440 Veterans’ homes: fees and charges.(2013-2014)



As Amends the Law Today


SECTION 1.

 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) (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) Subdivision (a) shall not apply to a member of a 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. 1.5.

 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. 2.
 Section 1.5 of this bill incorporates amendments to Section 1012.3 of the Military and Veterans Code proposed by both this bill and Assembly Bill 614. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2015, but this bill becomes operative first, (2) each bill amends Section 1012.3 of the Military and Veterans Code, and (3) this bill is enacted after Assembly Bill 614, in which case Section 1012.3 of the Military and Veterans Code, as amended by Section 1 of this bill, shall remain operative only until the operative date of Assembly Bill 614, at which time Section 1.5 of this bill shall become operative.