Veterans' InstitutionsVeterans’ Home of California
Section § 1010
This section defines terms used in the chapter related to veterans' homes. "Home" refers to any facility offering healthcare and living services to veterans, located at several sites across California. "Administrator" is the head of a home while the "Department" refers to the Department of Veterans Affairs overseeing these homes. "Member" is someone who resides in a veterans' home, and can be a veteran, or their spouse or partner. The "Secretary" is the Secretary of Veterans Affairs overseeing the department. A "Veteran" has a specific meaning according to federal law. Finally, an "Applicant" is someone eligible applying to live in a veterans' home.
Section § 1011
This law establishes a system known as the Veterans' Home of California. Each home in this system will have an administrator who is recommended by the Secretary of Veterans Affairs and appointed by the Governor. These administrators work on-site at their respective locations and their salaries need approval from the Department of Human Resources.
Section § 1012
This section outlines who is eligible to live in California veteran homes, focusing on aged or disabled military veterans and their spouses or domestic partners. It specifies that eligible veterans must have been honorably discharged, qualify for VA health benefits, and be state residents at application time. Spouses or partners can be admitted if they meet certain residency and relationship criteria. The law gives priority admission to Medal of Honor recipients, former POWs, and those with high disability ratings, and allows for need-based criteria for admission. It also indicates that spouses or partners may remain in the home after the veteran's death, provided they continue paying fees. The property must be used as a home for veterans and their partners.
Section § 1012.1
This law explains that before someone joins, or while they are part of a home, the department can check their finances or criminal history to see if they qualify and can't pay for care elsewhere. If someone lies about or leaves out important information, or doesn't pay required fees, they might be fined, not allowed to move in, or be asked to leave the home.
Section § 1012.2
If you're a member of a veterans' home and you're getting an allowance from the VA to help with your own care, you need to pay that allowance to the home for all types of care, except for basic residential or domiciliary care.
However, if you're in intermediate or skilled nursing care and have a major service-related disability (70% or more) as per VA guidelines, you don't have to pay this allowance to the home.
Section § 1012.3
This law outlines the fees that members of a home, including nonveteran spouses or partners, must pay for room, board, and other expenses. These fees depend on the type of care received: 47.5% of their annual income for basic living, 55% for elderly or assisted living care, 65% for intermediate care, and 70% for skilled nursing care. However, veterans with a disability rated at 70% or more that is service-connected, who are in intermediate or skilled nursing care, are exempt from these fees when certain VA payments apply. The law also states that penalties for late payments are not under these rules, and not paying fees can lead to collection actions or dismissal from the home.
Section § 1012.4
This law allows the California Department of Veterans Affairs to work with the U.S. Department of Veterans Affairs to provide outpatient medical services at California Veterans’ Homes to veterans and their dependents who aren't living there. It permits the state to set rates for reimbursement from the federal government for these services and establish fees that the veterans and other beneficiaries approved by the U.S. Department of Veterans Affairs might need to pay. These rules can apply to any veterans' home managed by the department.
Section § 1013
This law states that any property transferred to and accepted by the State under a specific 1897 statute, along with any additional property given for the home, automatically becomes property of the home. It means that the ownership doesn't need to be individually described in this law for it to be officially recognized as belonging to the home.
Section § 1023
This section allows the department to be involved in legal actions and manage properties related to veterans' homes. It holds the property for the state's benefit and must adhere to state and federal regulations when managing these homes. The department, with the secretary's approval, can lease out unused property to others if it's in the best interest of the home and its members, and the income from these leases goes to the General Fund.
Section § 1023.1
This section outlines rules about leasing real property held by a department for use as a home. Generally, such leases cannot exceed five years unless specific exceptions apply. Exceptions include leases to local governments or nonprofit organizations serving veterans and existing contracts made before January 1, 2021. Leases made before this date can be renegotiated but not extended beyond the five-year limit unless they meet these criteria. Other leases can only exceed five years with legislative approval.
Section § 1023.2
This law outlines rules for using real estate owned by the department for homes. Anyone using the property must ensure the use benefits the home and its members, fits well with the home’s character, and pays a fair amount for the use, considering the benefits. If there's a risk of harm, the user must have insurance to cover potential damages and liabilities for the state, the home, and its residents.
Each usage agreement must be in writing, explaining how it meets these conditions, signed with the department or the Director of General Services. Benefits from the property use can include activities that boost the morale and welfare of home members.
Section § 1025
This law states that for services and programs managed by the department and related to the United States Department of Veterans Affairs, the facilities must allow inspections by the Secretary of the United States Department of Veterans Affairs or their authorized representative at any time.
Section § 1030.1
This law allows the California department to make contracts with federal or other governmental entities, private individuals, or corporations so that disabled veterans living in veterans' homes can perform services or produce goods. The money earned from these contracts, after subtracting any operating costs, is given to the disabled veterans who did the work.
Section § 1030.2
This law allows a department to make agreements with U.S. government agencies and other governmental bodies to offer vocational training courses specifically for disabled veterans. These veterans must have been genuine residents of the state for at least five years to qualify.
Section § 1032
This law allows for the establishment of a volunteer program for members of veterans homes, where they can receive a stipend for their participation. The stipend is dependent on available funding and must be approved by the Director of Finance. The program should be therapeutic and must not disrupt the care or services provided to members. A member must be medically approved to volunteer, ensuring it benefits their health. Volunteers are not considered employees and cannot replace civil servant roles. They can leave the program at any time without having to give notice, and stipends are exempt from certain fee collections.
Section § 1033.1
This law explains that the department can pay insurance premiums for its members who must have certain health coverage, including Medicare and Medicaid. It can also cover copayments and deductibles for veterans receiving care, but any medical costs beyond these are the member's responsibility. Members must have basic medical insurance when they enter and live in a veterans' home, following all relevant laws and rules.
Section § 1034
This law mandates that any money a home receives, except state-disbursed funds, must be given to the home's administrator. The administrator must then send all money, excluding pensions, personal member funds, trust money, and donations, to the State Treasurer. The money sent should include a report on its origins. The State Treasurer deposits these funds into the General Fund. However, funds reducing support costs go back to the support budget in place when collected.
Section § 1035
This law outlines how personal property and money of a deceased member held by a home should be handled after their death. For members who joined on or after January 1, 1984, the property is held in trust and given to their heirs without needing to go through probate, once proper proof is shown. The home can also use the funds to pay for any funeral costs or debts, including excess care costs, with extra funds going to a specific welfare fund. For members who joined before 1984, the funds are similarly held in trust, but are distributed directly to immediate family members under the same conditions.
Section § 1035.1
This law concerns members of veteran homes in California and their wills. If a member creates a will leaving part of their estate to an officer or employee of the home, that part of the will is void unless the officer or employee is a family member who could inherit without a will. This rule applies to those who joined the home on or after January 1, 1984. Additionally, for members who joined before this date, their wills can't leave money or personal property to anyone outside their immediate family, like their spouse, children, or parents, unless they weren't members at their time of death. This prevents misuse of will benefits by unrelated caregivers at these homes.
Section § 1035.2
If a home's administrator decides that certain personal belongings of a deceased person have little monetary value, these items can be given right away to heirs, will beneficiaries, or others who ask for them. If no one claims the items within a year, the administrator can choose to destroy them or use them for the home's benefit.
Section § 1035.3
If a deceased veteran, spouse, or partner, who joined a veterans' home after January 1, 1984, has no will or heirs found within two years, any money they had that's $15,000 or less goes to the Morale, Welfare, and Recreation Fund. If no will or heir is found after five years and the amount exceeds $15,000, it also goes to the same fund.
For those who joined a veterans' home before January 1, 1984, the same rules apply regarding family members like spouses or children, where timelines and amounts are the same for directing money to the fund if no family is found.
Section § 1035.4
This law explains what happens to personal belongings of veterans, their spouses, and domestic partners who lived in a home, and have passed away. If no one claims these items within a year, the administrator can sell them at auction or private sale after posting a notice for at least 10 days. The money from the sale goes to the Morale, Welfare, and Recreation Fund. There are different rules depending on whether the member joined before or after January 1, 1984.
Section § 1035.05
This section explains what happens to the money and personal belongings of a veteran who passes away. If there are no heirs or a will, the balance goes to the Morale, Welfare, and Recreation Fund, which supports veterans’ homes. If the estate is worth $15,000 or less, the veterans’ home can collect the property without formal legal proceedings by using an affidavit. This process applies to veterans and their partners who joined the home on or after January 1, 1984.
Additionally, it outlines the process for those who joined before that date, giving the state similar rights to receive property when there are no immediate family members. The law ensures the home is treated as the decedent's beneficiary for property distribution purposes.
Section § 1035.5
This law requires that the administrator must give the heirs or designated recipients of a deceased member who joined a home after January 1, 1984, a detailed account of any charges made to the member’s money or personal belongings. In addition, any veteran who applies to join the home after this date must receive a written explanation about the limits and rules concerning how their money and personal items can be handled or distributed.
Section § 1035.6
This section requires administrators to give each resident of a home a statement every three months detailing extra care costs beyond their regular fees. This statement must be clear and easy to understand. It must state that the information is for awareness only and explain that the home may use a resident's money or personal property to cover unpaid care costs if they pass away while residing there. Residents are encouraged to get legal advice to protect their assets. 'Costs of care in excess of the member fee' refers to costs not included in the regular fees, like some medical or dental services, as defined by Department of Veterans Affairs regulations. Any notices about these statements must be in large print for readability.
Section § 1035.7
This law requires administrators of homes to provide new members with written notice about any potential extra costs they might incur beyond the standard member contribution fee. This notice must clearly explain situations where these extra costs can occur and specify that these costs are additional to the regular fees.
The notice should include examples of common extra costs members might face and inform them they will receive a quarterly summary of these costs, which is meant just for their information. Members should also be made aware that any unpaid extra costs might be settled with their money or belongings if they pass away while residing in the home.
The notice must suggest members speak with a legal expert to understand how to protect their assets and outline how fees and extra costs could change. Importantly, the notice should be easy to read and understand, avoiding complex terms. Members need to sign the notice to show they understand it, and a copy should be prominently posted in the home.
Section § 1036
This law states that individuals can choose to deposit money with a home, which the home will hold for them as a trust fund without charging any fees.
Section § 1037
If you deposit your money with a home, you can take it back whenever you want, either completely or partially.
Section § 1038
If a member leaves a home, they can get back any money they deposited upon request. If they don't claim it when they leave, they have up to two years to get it if the amount is $5,000 or less, or up to five years if it's more than $5,000. If the member dies after leaving, their family or estate representatives can claim the money. If no one claims it within these timeframes, the money goes to the Morale, Welfare, and Recreation Fund.
Section § 1038.1
If a person leaves personal belongings (not including money) at a home when they leave or pass away, and those items are not claimed within a year, the items will be sold. The money from the sale goes to the Morale, Welfare, and Recreation Fund.
Section § 1038.5
If someone deposits money with a home, that money must earn interest according to federal laws. When it's time to return the money, it should be paid back either to the person who deposited it or to their legal heirs or estate representatives, as outlined in other sections of the law.
Section § 1039.3
This section allows the administrator, with approval from the secretary, to accept cash donations or other gifts for the benefit of members. These donations are put into trust funds and used according to the donor's specified purposes, aiming to promote the members' welfare.
Section § 1042
Any interest earned on money that is handed over to the administrator must be reported and deposited into the Morale, Welfare, and Recreation Fund. This money should be used to benefit all members collectively.
Section § 1042.1
If a check from a home's trust fund, excluding checks from members on their own accounts, isn't claimed or cashed within a year, it must be canceled. The funds from such checks are then directed to the Morale, Welfare, and Recreation Fund to benefit all members of the homes.
Section § 1043
This law section states that only certain people are allowed to live in a specific home: the home's officers and employees, their families, and individuals who meet the eligibility criteria set out in another law (Section 1012). Everyone else is not allowed to live there.
Section § 1044
This law allows the secretary to create rules about how applicants can be admitted to, and the conditions for staying in, a home.
Section § 1044.5
This law ensures that members of a home have the right to complain and express themselves freely as protected by both the California Constitution and the U.S. Constitution. Administrators must inform members about their right to voice concerns about accommodations and services. Notices should be posted, and members should be assisted in understanding these rights during their stay.
Members can express grievances and suggest changes without facing any negative consequences like discrimination or eviction. If a member is evicted within 45 days of voicing concerns, it is presumed to be retaliatory unless the member hasn't paid maintenance fees. In such cases, the presumption doesn't apply if the fees are paid.
Section § 1045
This law allows the state to transfer ownership and control of a state-managed property to the federal government, as long as the property serves a similar purpose or function under federal management.
Section § 1046
This law allows a court to appoint a corporation, referred to as a 'home,' to manage the estate of a person who may need a guardian or conservator. This home can handle financial affairs similar to an individual and is treated as a legal entity, able to conduct business and engage in legal actions.
The home can take on roles such as guardian, conservator, or trustee without needing to post a bond and will be paid reasonable fees for related expenses. It uses these fees to cover filing and legal costs for all estates it manages, and any excess funds are redirected to the Morale, Welfare, and Recreation Fund annually.
Additionally, when managing a member's estate, the home can deposit funds into a special account and invest them in secure, legal investments approved for savings banks.
Section § 1047
This law establishes a fund called the Veterans' Home Morale, Welfare, and Recreation Special Fund (MWR Fund) in California, which is used to support veterans' homes. The money in this fund is for activities and amenities that contribute to the well-being of veterans, like operating a canteen or providing entertainment. Each home has an advisory committee to guide how the funds are used. The fund cannot be used for medical treatment or building maintenance. The funds are managed with specific accounting procedures and annual reporting to relevant authorities is required. The department must maintain a minimum reserve in the fund and can invest the funds to earn more.
Additionally, the administrator of a home may collaborate with the Veterans' Home Allied Council to run certain activities as long as they comply with state law.
Section § 1048
This section discusses the Morale, Welfare, and Recreation Operating Fund (MWRO Fund), which is used to support activities that improve the quality of life for members of specific homes. Each home's administrator manages these funds according to annual allocations, which may include additional funding from the secretary.
Funds must be deposited into a specific local bank account. However, the money can't be used for medical treatments, maintenance or major improvements of the home's buildings, or any activities not directly related to the members' morale, welfare, or recreation.
Section § 1049
This law allows the funds in the Morale, Welfare, and Recreation Fund (MWRO Fund) to be used to establish or run a canteen or base exchange at each Veterans’ Home with the secretary's approval. The canteen is permitted to sell goods for profit.
The funds from canteen or base exchange operations, as well as money from golf course fees and related activities, must be added to the MWRO Fund for each specific home after state costs have been deducted.
Section § 1050
This section recognizes Veterans’ Home Allied Councils as advisory groups for each Veterans’ Home in California, made up of members from each home. These councils can represent home members in issues with the Legislature. To do this, they must get approval from a majority of council members, cannot participate in political campaigns or endorse candidates, and must act according to their own constitution and rules.
Section § 1051
This section requires the department to establish a transparent system for admissions and waiting lists for certain homes by January 1, 2019. They must also create a corresponding webpage to explain the process, allow online application submissions, provide wait time information for various care levels, and let applicants check their application and wait list status.
Section § 1052
This law requires the department to create and update a comprehensive plan for the operation of California's veterans’ homes system. They must have the first plan ready by the end of 2019 and update it every five years. The plan should evaluate several key factors. These include the benefits of placing new facilities near VA services, proximity to veteran populations, and potentially using multiple smaller homes to help veterans stay in their own communities. It also covers offering community-based services, considering facility closures, expanding or re-purposing facilities, and assessing living costs for employees in various areas.