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AB-1665 Veterans’ homes.(2023-2024)



Current Version: 04/11/23 - Amended Assembly

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AB1665:v97#DOCUMENT

Amended  IN  Assembly  April 11, 2023
Amended  IN  Assembly  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1665

Introduced by Assembly Member Soria

February 17, 2023

An act to add Section 1012.5 to amend Section 1012 of the Military and Veterans Code, relating to veterans’ homes.


LEGISLATIVE COUNSEL'S DIGEST


AB 1665, as amended, Soria. Veterans’ homes.
Existing law provides for the establishment and operation of veterans’ homes at various sites and provides for an administrator of each home, as specified. Existing law establishes the duties of the Department of Veterans Affairs with regard to the establishment and regulation of veterans’ homes.
Under existing law, veterans’ homes are for aged or disabled persons who served in the Armed Forces of the United States who were discharged or released from active duty under conditions other than dishonorable, who are eligible for health care benefits, hospitalization, or domiciliary care in a veterans facility, and who are bona fide residents of this state at the time of application, and for the spouses or domestic partners of those persons, if certain conditions are met.

This bill would authorize a nonveteran spouse or domestic partner previously admitted to a veterans’ home to elect to continue residency in the veterans’ home after a specified event occurs, including the death or discharge of the related veteran member, subject to certain restrictions.

This bill would specify that dissolution of marriage or termination of domestic partnership does not necessitate the discharge of the spouse or domestic partner. The bill would provide that the discharge of a veteran member who intends to take an aid-in-dying drug, as specified, does not necessitate the discharge of the spouse or domestic partner.
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 of the Military and Veterans Code is amended to read:

1012.
 (a) Except as provided in Sections 1012.4, 1023, and 1023.1, veterans’ homes are a veterans’ home is for aged or disabled persons who served in the Armed Forces of the United States of America who were discharged or released from active duty under conditions other than dishonorable, who are eligible for health care benefits, hospitalization, or domiciliary care in a veterans’ facility in accordance with the rules and regulations of the United States Department of Veterans Affairs, and who are bona fide residents of this state at the time of application; application, and for the spouses or domestic partners of these persons persons, if all of the following conditions, as are applicable, are satisfied:
(1) Space is available.
(2) Joint residency will be in the best interests of the home member, as determined by the administrator.
(3) The spouse or domestic partner is a bona fide resident of this state at the time of application for admission to the home and either is married to, and has resided with, the veteran applicant for at least one year, year or is the widow or widower of a recipient of the Medal of Honor or a former prisoner of war (POW).
(4) (A) The home member and spouse or domestic partner agree to pay the fees and charges for joint residency, or for a residency.
(B) A widow or widower, widower agrees to pay the fees and charges for the residency, residency that the department may establish.
(b) (1) Veterans who qualify A veteran who qualifies for benefits under this chapter due to service during a time of war shall be given priority over veterans who qualify a veteran who qualifies due to service during a time of peace.
(2) Veterans who qualify A veteran who qualifies for benefits under this chapter who are recipients is a recipient of the Medal of Honor or who were prisoners of war (POWs) was a prisoner of war (POW) shall be given priority over all other qualified veterans, regardless of the level of care required.
(3) Veterans who qualify A veteran who qualifies for benefits under this chapter who have has been rated by the United States Department of Veterans Affairs as being 70 percent or greater service-connected disabled may be given priority over other veterans.
(4) The secretary may establish needs-based criteria for admission to the homes, and any a veteran meeting those criteria may be given priority over veterans who do a veteran who does not qualify for prioritization under paragraph (2) or (3) and can afford to provide for their own care elsewhere.
(5) Paragraphs (3) and (4) shall not apply to veterans a veteran who, as of January 1, 2018, are is on a wait list awaiting admission to a veterans’ home.
(c) A member spouse or domestic partner may continue residence after the veteran’s death so long as they continue to pay all applicable fees.
(d) The dissolution of marriage or termination of a domestic partnership between a veteran member and their spouse or domestic partner following joint admission does not necessitate the discharge of the spouse or domestic partner.
(e) The discharge of a veteran member who intends to take an aid-in-dying drug pursuant to the End of Life Option Act (Part 1.85 (commencing with Section 443) of Division 1 of the Health and Safety Code) does not necessitate the discharge of the spouse or domestic partner.

(d)

(f) The property of the home shall be used for this purpose.

SECTION 1.Section 1012.5 is added to the Military and Veterans Code, to read:
1012.5.

(a)A nonveteran spouse or domestic partner previously admitted to a veterans’ home in a joint admission with a veteran may elect to continue residency in the veterans’ home, subject to subdivisions (b) and (c), after any of the following events:

(1)The death of the related veteran member.

(2)The discharge of the related veteran member.

(3)The discharge of the related veteran member for cause.

(4)The marital dissolution or the termination of a domestic partnership between the related veteran member and the nonveteran spouse or domestic partner following joint admission.

(b)This section does not prohibit a discharge when a nonveteran spouse or domestic partner does any of the following:

(1)Has not resided jointly with the related veteran member in the veterans’ home for at least one year unless the failure to meet this requirement is due to the related veteran member’s death or the related veteran member’s discharge.

(2)Commits a separate violation of the member code of conduct.

(3)Fails to pay member fees.

(4)No longer meets eligibility requirements.

(5)Exceeds the veterans’ home’s treatment limitations.

(6)Poses a risk to the licensure or certification of the veterans’ home.

(c)This section does not apply when the related veteran member is discharged from the veterans’ home pursuant to subdivision (b) of Section 1012.1 as it pertains to providing false financial and other information on a joint application. A nonveteran spouse shall be discharged jointly with the related veteran member in those circumstances.