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 aw/nh
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 -1- LSB 2039HV (2) 85 aw/nh 1/ 7
H.F. 544 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: 35 -2- LSB 2039HV (2) 85 aw/nh 2/ 7
H.F. 544 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, 35 -3- LSB 2039HV (2) 85 aw/nh 3/ 7
H.F. 544 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 35 -4- LSB 2039HV (2) 85 aw/nh 4/ 7
H.F. 544 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 35 -5- LSB 2039HV (2) 85 aw/nh 5/ 7
H.F. 544 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 35 -6- LSB 2039HV (2) 85 aw/nh 6/ 7
H.F. 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