Bill Text: CA AB614 | 2013-2014 | Regular Session | Chaptered
Bill Title: Veterans' homes of California: reimbursement rates.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-09-27 - Chaptered by Secretary of State - Chapter 642, Statutes of 2014. [AB614 Detail]
Download: California-2013-AB614-Chaptered.html
BILL NUMBER: AB 614 CHAPTERED
BILL TEXT
CHAPTER 642
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2014
APPROVED BY GOVERNOR SEPTEMBER 27, 2014
PASSED THE SENATE AUGUST 25, 2014
PASSED THE ASSEMBLY AUGUST 26, 2014
AMENDED IN SENATE AUGUST 21, 2014
AMENDED IN SENATE AUGUST 4, 2014
AMENDED IN SENATE JUNE 17, 2014
AMENDED IN ASSEMBLY APRIL 22, 2013
AMENDED IN ASSEMBLY APRIL 10, 2013
INTRODUCED BY Assembly Member Chávez
FEBRUARY 20, 2013
An act to amend Sections 1012.2 and 1012.3 of the Military and
Veterans Code, relating to veterans.
LEGISLATIVE COUNSEL'S DIGEST
AB 614, Chávez. Veterans' homes of California: reimbursement
rates.
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 prohibits 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 provide that a veteran member of the home who is
in intermediate care or skilled nursing care would not be subject to
charges and fees if he or she meets specified criteria for disability
status and payments by the federal Department of Veterans Affairs
under specified federal regulations.
This bill would incorporate additional changes to Section 1012.3
of the Military and Veterans Code proposed by SB 1440 that would
become operative if this bill and SB 1440 are both chaptered and this
bill is chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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 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.
(2) Paragraph (1) shall not apply to a member of 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 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
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.
(c) Subdivision (a) shall not apply to a member of 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.
SEC. 2.5. 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) 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 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.
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.
