Senate File 2 - Introduced SENATE FILE 2 BY SODDERS A BILL FOR An Act related to spouse admission eligibility at the Iowa 1 veterans home. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1132XS (2) 86 aw/nh
S.F. 2 Section 1. Section 35D.1, subsection 1, Code 2015, is 1 amended to read as follows: 2 1. a. The Iowa veterans home, located in Marshalltown, 3 shall be maintained as a long-term health care facility 4 providing nursing and residential levels of care for honorably 5 discharged veterans and their dependent spouses, surviving 6 spouses of honorably discharged veterans, and gold star 7 parents. 8 b. The combined member population of spouses, surviving 9 spouses, and gold star parents admitted to the Iowa veterans 10 home shall not exceed twenty-five percent of the total member 11 population. 12 c. Eligibility requirements for admission to the Iowa 13 veterans home shall coincide with the eligibility requirements 14 for care and treatment in a United States department of 15 veterans affairs facility pursuant to 38 U.S.C. §1710, and 16 regulations promulgated under that section, as amended. 17 d. For the purposes of this subsection , “gold star parent” 18 means a parent of a deceased member of the United States armed 19 forces who died while serving on active duty during a time of 20 military conflict or who died as a result of such service. 21 Sec. 2. Section 35D.5, Code 2015, is amended to read as 22 follows: 23 35D.5 Surviving spouses and spouses of veterans. 24 1. If a deceased veteran, who would be entitled to admission 25 to the home if the deceased veteran were living, has left a 26 surviving spouse, the spouse is entitled to admission to the 27 home with the same rights, privileges, and benefits as if the 28 veteran were living and a member of the home, if the spouse 29 was married to the veteran for at least one year immediately 30 prior to the veteran’s death, is found by the commandant to be 31 disabled, meets the qualifications for nursing or residential 32 level of care, and is a resident of the state of Iowa on the 33 date of the application and on the date immediately preceding 34 the date the application is accepted. 35 -1- LSB 1132XS (2) 86 aw/nh 1/ 2
S.F. 2 2. If a veteran, as defined in 38 U.S.C. §101, has a spouse 1 who is at least fifty-five years of age, the spouse is entitled 2 to admission to the home with the same rights, privileges, 3 and benefits as if the veteran were a member of the home, 4 if the spouse has been married to the veteran for at least 5 ten years immediately prior to the date the application is 6 accepted, is found by the commandant to be disabled, meets the 7 qualifications for nursing or residential level of care, and is 8 a resident of the state of Iowa on the date of the application 9 and on the date immediately preceding the date the application 10 is accepted. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to spouse admission eligibility at the 15 Iowa veterans home (IVH). Under current law, certain spouses 16 of veteran members of the IVH are eligible for admission to 17 the IVH, as are certain surviving spouses of veterans if the 18 veteran would be eligible for admission, if not for being 19 deceased. 20 The bill provides additional eligibility to spouses 21 of living veterans who are not members of the IVH. To be 22 eligible, such a spouse is required to have been married to 23 the veteran for at least 10 years immediately prior to the 24 date the application is accepted, be disabled, and meet the 25 qualifications for nursing or residential level of care. Under 26 the bill, the spouse is also required to be a resident of the 27 state of Iowa on the date of the application and on the date 28 immediately preceding the date the application is accepted. 29 -2- LSB 1132XS (2) 86 aw/nh 2/ 2