House
File
544
-
Introduced
HOUSE
FILE
544
BY
COMMITTEE
ON
VETERANS
AFFAIRS
(SUCCESSOR
TO
HSB
130)
A
BILL
FOR
An
Act
relating
to
the
Iowa
veterans
home
and
providing
for
1
the
consideration
of
contributions
to
support
as
repayment
2
receipts.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2039HV
(2)
85
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H.F.
544
Section
1.
Section
35D.1,
subsection
1,
Code
2013,
is
1
amended
to
read
as
follows:
2
1.
The
Iowa
veterans
home,
located
in
Marshalltown,
shall
3
be
maintained
as
a
long-term
health
care
facility
providing
4
multiple
nursing
and
residential
levels
of
care
,
with
attendant
5
health
care
services,
for
honorably
discharged
veterans
and
6
their
dependent
spouses
,
and
for
surviving
spouses
of
honorably
7
discharged
veterans
,
and
gold
star
parents
.
Eligibility
8
requirements
for
admission
to
the
Iowa
veterans
home
shall
9
coincide
with
the
eligibility
requirements
for
hospitalization
10
care
and
treatment
in
a
United
States
department
of
veterans
11
affairs
facility
pursuant
to
38
U.S.C.
§
1710,
and
regulations
12
promulgated
under
that
section,
as
amended.
For
the
purposes
13
of
this
subsection,
“gold
star
parent”
means
a
parent
of
a
14
deceased
member
of
the
United
States
armed
forces
who
died
15
while
serving
on
active
duty
during
a
time
of
military
conflict
16
or
who
died
as
a
result
of
such
service.
17
Sec.
2.
Section
35D.2,
subsection
1,
Code
2013,
is
amended
18
to
read
as
follows:
19
1.
Persons
described
in
section
35D.1
who
do
not
have
20
sufficient
means
for
their
own
support,
or
are
disabled
by
21
disease,
wounds
injury
,
or
old
age,
or
otherwise
and
meet
22
the
qualifications
for
nursing
or
residential
care
,
and
are
23
unable
to
earn
a
livelihood,
and
who
are
residents
of
the
24
state
of
Iowa
on
the
date
of
the
application
and
immediately
25
preceding
the
date
the
application
is
accepted,
may
be
admitted
26
to
the
home
as
members
under
rules
adopted
by
the
commission.
27
Eligibility
determinations
are
subject
to
approval
by
the
28
commandant.
29
Sec.
3.
Section
35D.4,
subsection
2,
Code
2013,
is
amended
30
to
read
as
follows:
31
2.
The
cottages
may
be
made
available
to
persons
on
the
32
staff
of
the
home
at
a
rental
rate
determined
by
the
commission
33
commandant
.
34
Sec.
4.
Section
35D.5,
Code
2013,
is
amended
to
read
as
35
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follows:
1
35D.5
Surviving
spouses
of
veterans.
2
If
a
deceased
veteran,
who
would
be
entitled
to
admission
3
to
the
home
if
the
deceased
veteran
were
living,
has
left
a
4
surviving
spouse,
the
spouse
is
entitled
to
admission
to
the
5
home
with
the
same
rights,
privileges
,
and
benefits
as
if
the
6
veteran
were
living
and
a
member
of
the
home,
if
the
spouse
7
was
married
to
the
veteran
for
at
least
one
year
immediately
8
prior
to
the
veteran’s
death,
is
found
by
the
commandant
to
9
be
disabled,
does
not
have
sufficient
means
for
support
and
10
maintenance
meets
the
qualifications
for
nursing
or
residential
11
level
of
care
,
and
is
a
resident
of
the
state
of
Iowa
on
the
12
date
of
the
application
and
immediately
preceding
the
date
the
13
application
is
accepted.
14
Sec.
5.
Section
35D.6,
Code
2013,
is
amended
to
read
as
15
follows:
16
35D.6
Certificate
of
eligibility.
17
Before
admission,
each
applicant
shall
file
with
the
18
commandant
an
affidavit
signed
by
two
members
of
the
commission
19
of
veteran
affairs
of
the
county
in
which
the
person
resides,
20
stating
that
the
person
to
the
best
of
their
knowledge
and
21
belief
is
a
resident
of
that
county
and
that
the
person
is
22
unable
to
earn
a
livelihood
and
the
person’s
income
,
exclusive
23
of
pension,
compensation,
war
risk
insurance
payments,
or
24
pensions
or
annuities
under
the
Social
Security
Act
and
the
25
Railroad
Retirement
Acts
,
is
less
than
is
sufficient
to
provide
26
the
type
of
health
care
necessary
for
the
person’s
welfare.
27
The
affidavit
is
conclusive
evidence
of
the
residence
of
the
28
person
but
is
prima
facie
only
in
all
other
matters
affecting
29
the
eligibility
of
the
applicant
and
the
liability
of
the
30
county
with
respect
to
the
expense
of
the
person
for
which
the
31
county
may
be
liable.
All
records
of
admission
shall
show
the
32
residence
of
the
applicant.
33
Sec.
6.
Section
35D.7,
Code
2013,
is
amended
to
read
as
34
follows:
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35D.7
Contributing
to
own
support.
1
1.
Except
as
otherwise
provided
in
chapter
249A
and
other
2
provisions
of
this
chapter
,
a
member
of
the
home
who
receives
3
a
pension,
compensation
,
or
gratuity
from
the
United
States
4
government,
or
income
from
any
source
of
more
than
twenty-five
5
one
hundred
forty
dollars
per
month,
shall
contribute
to
the
6
member’s
own
maintenance
or
support
while
a
member
of
the
home.
7
The
amount
of
the
contribution
and
the
method
of
collection
8
shall
be
determined
by
the
director
commandant
,
but
the
9
amount
shall
in
no
case
exceed
the
actual
cost
of
keeping
and
10
maintaining
the
person
in
the
home.
11
2.
Sums
paid
to
and
received
by
the
commandant
for
the
12
support
of
members
of
the
home
shall
be
paid
monthly
by
the
13
commandant
to
the
treasurer
of
state
and
considered
repayment
14
receipts
as
defined
in
section
8.2
and
credited
to
the
general
15
fund
of
the
state
Iowa
veterans
home
account
referred
to
in
16
section
35D.18,
subsection
3
.
17
3.
The
commandant
may
require
allow
any
member
of
the
home
18
to
render
assistance
in
the
care
of
the
home
and
its
grounds
as
19
the
member’s
psychosocial
and
physical
condition
permit,
as
a
20
phase
of
that
member’s
rehabilitation
program.
The
commandant
21
shall
compensate
each
member
who
furnishes
assistance
at
rates
22
established
approved
by
the
commission.
23
Sec.
7.
Section
35D.10,
Code
2013,
is
amended
to
read
as
24
follows:
25
35D.10
Payment
to
dependents
spouse
.
26
Except
as
otherwise
provided
in
chapter
249A
and
other
27
provisions
of
this
chapter
,
a
member
of
the
home
who
receives
28
a
pension
or
compensation
and
who
has
a
child,
as
defined
in
29
section
234.1
,
or
a
spouse
who
is
dependent
upon
employment
or
30
others
for
support
shall
deposit
with
the
commandant
on
receipt
31
of
the
member’s
pension
or
compensation
check
one-half
of
its
32
amount,
which
shall
be
sent
by
the
eighth
day
of
the
month
or
at
33
once
if
any
such
pension
or
compensation
is
received
after
the
34
eighth
day
of
the
month
to
the
spouse
or,
if
there
is
no
spouse,
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to
the
guardian
of
the
child
.
The
commandant,
if
satisfied
1
that
the
spouse
has
deserted
the
member
of
the
home,
may
pay
2
the
money
deposited
to
the
guardian
of
the
child.
3
Sec.
8.
Section
35D.11,
subsection
1,
Code
2013,
is
amended
4
to
read
as
follows:
5
1.
Pension
money
deposited
with
the
commandant
is
not
6
assignable
for
any
purpose
except
as
provided
in
sections
7
section
35D.10
and
35D.16
,
or
in
accordance
with
subsection
2
8
of
this
section
.
9
Sec.
9.
Section
35D.12,
subsection
1,
Code
2013,
is
amended
10
to
read
as
follows:
11
1.
a.
The
Iowa
veterans
home,
for
the
convenience
of
its
12
members,
may
maintain
a
commercial
account
with
a
federally
13
insured
bank
for
the
individual
personal
deposits
of
its
14
members.
The
account
shall
be
known
as
the
Iowa
veterans
home
15
membership
account.
The
commandant
shall
record
each
member’s
16
personal
deposits
individually
and
shall
deposit
the
funds
in
17
the
membership
account,
where
the
members’
deposits
shall
be
18
held
in
the
aggregate.
19
b.
The
Iowa
veterans
home
may
withdraw
moneys
from
the
20
account
maintained
pursuant
to
this
subsection
to
establish
21
certificates
of
deposit
for
the
benefit
of
all
members.
The
22
commission
shall
adopt
rules
pursuant
to
chapter
17A
for
the
23
administration
of
this
paragraph.
24
Sec.
10.
Section
35D.13,
subsection
2,
Code
2013,
is
amended
25
to
read
as
follows:
26
2.
The
commandant
shall
be
a
resident
of
the
state
of
27
Iowa
who
served
in
the
armed
forces
of
the
United
States
28
and
was
honorably
discharged
,
and
is
a
licensed
nursing
home
29
administrator
.
30
Sec.
11.
Section
35D.15,
subsection
2,
paragraph
a,
31
subparagraph
(3),
Code
2013,
is
amended
to
read
as
follows:
32
(3)
The
member’s
medical
or
life
skills
needs
have
been
33
met
to
the
extent
possible
through
the
services
provided
by
34
the
Iowa
veterans
home
and
the
member
no
longer
requires
a
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residential
or
nursing
level
of
care,
as
determined
by
the
1
interdisciplinary
resident
care
committee.
2
Sec.
12.
Section
35D.15,
subsection
2,
paragraph
g,
3
subparagraph
(2),
Code
2013,
is
amended
to
read
as
follows:
4
(2)
“Interdisciplinary
resident
care
committee”
means
the
5
member,
a
social
worker,
a
registered
nurse,
a
dietitian,
6
a
medical
provider,
and
a
recreation
specialist
,
and
other
7
staff,
as
appropriate,
who
are
involved
in
reviewing
a
member’s
8
assessment
data
and
developing
a
collaborative
care
plan
for
9
the
individual
member.
10
Sec.
13.
Section
35D.18,
subsection
2,
Code
2013,
is
amended
11
to
read
as
follows:
12
2.
The
net
appropriation
made
to
the
Iowa
veterans
home
may
13
be
used
throughout
the
fiscal
year
in
the
manner
necessary
for
14
purposes
of
cash
flow
management
,
and
for
cash
flow
management,
15
the
.
The
Iowa
veterans
home
may
temporarily
draw
more
than
the
16
amount
appropriated,
provided
the
amount
appropriated
is
not
17
exceeded
at
the
close
of
the
fiscal
year.
18
Sec.
14.
REPEAL.
Sections
35D.8
and
35D.16,
Code
2013,
are
19
repealed.
20
EXPLANATION
21
This
bill
relates
to
the
Iowa
veterans
home.
22
The
bill
makes
certain
changes
to
terminology
related
to
23
the
levels
of
care
and
treatment
provided
at
the
Iowa
veterans
24
home
to
specify
the
provision
of
nursing
and
residential
levels
25
of
care.
The
bill
also
provides
that
gold
star
parents
may
be
26
provided
care
at
the
Iowa
veterans
home
and
defines
“gold
star
27
parent”
as
any
parent
of
a
deceased
member
of
the
United
States
28
armed
forces
who
died
while
serving
on
active
duty
during
a
29
time
of
military
conflict
or
who
died
as
a
result
of
such
30
service.
31
The
bill
amends
provisions
relating
to
admissions
32
requirements
to
provide
that
the
only
persons
who
may
be
33
admitted
are
persons
who
are
disabled
by
disease,
injury,
or
34
old
age
and
meet
qualifications
for
nursing
or
residential
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care.
The
bill
also
makes
changes
to
admissions
provisions
by
1
removing
a
provision
allowing
admission
for
persons
who
do
not
2
have
sufficient
means
for
their
own
support.
The
bill
makes
3
similar
changes
relating
to
admission
of
the
surviving
spouses
4
of
veterans.
5
The
bill
provides
that
the
commandant
of
the
veterans
home
6
shall
determine
certain
rental
rates
for
cottages
rented
7
by
staff,
rather
than
having
such
rates
determined
by
the
8
commission
of
veterans
affairs
as
provided
under
current
law.
9
The
bill
removes
certain
personal
income
exclusions
from
the
10
income
qualification
portion
of
the
certificate
of
eligibility
11
required
to
be
signed
by
two
members
of
the
county
commission
12
of
veterans
affairs.
13
The
bill
requires
that
members
of
the
veterans
home
with
14
incomes
of
more
than
$140
per
month
contribute
to
their
own
15
support.
Current
law
requires
that
members
of
the
veterans
16
home
with
incomes
of
more
than
$25
per
month
contribute
to
17
their
own
support.
The
bill
provides
that
the
commandant
shall
18
determine
the
amount
of
any
such
contributions
rather
than
the
19
director
of
the
department
of
veterans
affairs
as
required
20
under
current
law.
The
bill
also
requires
that
the
sums
paid
21
for
such
support
be
considered
repayment
receipts
and
are
22
credited
to
the
Iowa
veterans
home
account
rather
than
to
the
23
general
fund
of
the
state
as
required
under
current
law.
The
24
bill
makes
additional
changes
related
to
assistance
provided
by
25
members
of
the
veterans
home.
26
The
bill
makes
certain
changes
related
to
the
payment
to
27
dependents
from
any
pension
or
compensation
received
by
a
28
member
of
the
veterans
home.
The
bill
provides
that
payments
29
shall
be
sent
by
the
commandant
to
a
spouse
of
a
member
by
30
the
eighth
day
of
the
month
or
immediately
if
the
payment
or
31
compensation
is
received
after
the
eighth
day
of
the
month.
32
The
bill
removes
provisions
regarding
payment
to
certain
33
children
under
Code
section
234.1.
34
The
bill
allows
the
Iowa
veterans
home
to
withdraw
moneys
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544
from
the
Iowa
veterans
home
membership
account
in
order
to
1
establish
certificates
of
deposit
for
the
benefit
of
all
2
members
of
the
Iowa
veterans
home.
The
commission
shall
3
adopt
rules
for
the
administration
of
any
program
for
such
4
withdrawals.
5
The
bill
removes
the
requirement
that
the
commandant
of
the
6
Iowa
veterans
home
be
a
licensed
nursing
home
administrator.
7
The
bill
makes
certain
additional
changes
related
to
8
involuntary
discharge
of
members
and
the
composition
of
the
9
interdisciplinary
resident
care
committee.
The
bill
also
10
provides
that
the
Iowa
veterans
home
may
temporarily
draw
11
more
than
the
amount
appropriated
from
the
general
fund
for
12
any
purpose,
provided
the
amount
appropriated
is
not
exceeded
13
at
the
close
of
the
fiscal
year.
Under
current
law,
the
14
veterans
home
is
only
permitted
to
draw
more
than
the
amount
15
appropriated
for
cash
flow
purposes.
16
The
bill
repeals
Code
sections
35D.8
and
35D.16
related
17
to
conditional
admittance
to
the
home
and
the
disposition
of
18
active
duty
members
charged
with
a
military
offense.
19
-7-
LSB
2039HV
(2)
85
aw/nh
7/
7