HF 544 (LSB 2039HV (2) 85)

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 the consideration of contributions to support as repayment receipts.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 35D.1, subsection 1, Code 2013, is amended to read as follows:
   1.  The Iowa veterans home, located in Marshalltown, shall be maintained as a long-term health care facility providing multiple
 
nursing and residential levels of care, with attendant health care services, for honorably discharged veterans and their dependent spouses, and for surviving spouses of honorably discharged veterans, and gold star parents. Eligibility requirements for admission to the Iowa veterans home shall coincide with the eligibility requirements for hospitalization
 
care and treatment in a United States department of veterans affairs facility pursuant to 38 U.S.C. § 1710, and regulations promulgated under that section, as amended.

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