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§ 505.2. Eligibility Determination.


Barclays Official California Code of Regulations Currentness
Title 12. Military and Veterans Affairs
Division 2. Department of Veterans' Affairs
Chapter 4. Veterans' Home of California
12 CCR § 505.2
§ 505.2. Eligibility Determination.
(a) Definitions
(1) “Aged” means a veteran who is 55 or older.
(2) “Disabled” means a veteran that is certified by the United States Department of Veterans Affairs (USDVA) as having a service-connected disability or is certified disabled by the California Department of Social Services.
(3) “Joint application” is an application by a veteran applicant and a spouse or domestic partner.
(4) “Joint admission” occurs when a veteran and spouse or domestic partner obtain joint residency at the same Veterans Home.
(5) “Joint residency” is when a veteran and a spouse or domestic partner live at the same Veterans home.
(b) The Veterans Home shall determine an applicant's eligibility after a thorough review of all available military data (pursuant to Section 1012 of the Military and Veterans Code (MVC)), financial, medical, personal, and social information.
(c) The Veterans Home shall not admit applicants with a current history of behavioral patterns or traits which would be incompatible with a safe and secure community environment at the Veterans Home.
(d) To consider an applicant for admission, the Veterans Home must have:
(1) The resources to provide for the applicant's required level of care and specific needs within its existing services and resources as determined by a CalVet-led preadmission evaluation.
(2) A bed available that is not needed by a current member of the Veterans Home at the required level of care.
(e) To be eligible for admission, applicants shall:
(1) Demonstrate proof of current bona fide California residency by presenting for verification one or more of the following: a current valid California Driver License; a current valid California Identification Card; the applicant's prior year California State Tax Return showing a California physical address; or other documentation that demonstrates California residency, as determined by the administrator.
(2) Qualify as aged or disabled as defined in CCR 505.2(a)(1) and (2).
(3) Have served active duty service in the Armed Forces of the United States of America as determined by the United States Department of Veterans Affairs (USDVA).
(4) Have been discharged from military service under conditions other than dishonorable.
(5) Be eligible for health care benefits, hospitalization, or domiciliary care in a veterans facility in accordance with the rules and regulations of the USDVA, and enrolled in the USDVA health care program.
(6) Obtain basic medical insurance policies and maintain them throughout their residency in accordance with the Military and Veterans Code 1033.1 and CCR Section 505(e).
(f) A veteran and spouse or domestic partner may submit a joint application for joint admission to a Veterans Home.
(1) Nonveterans are not eligible for admission without a joint application with a veteran spouse or domestic partner with the exceptions of surviving spouses of Medal of Honor recipients and former prisoners of war. Eligible surviving spouses may not apply for joint admission with a nonveteran spouse or domestic partner.
(2) The spouse or domestic partner shall meet all eligibility determination and admission criteria requirements that apply to veteran applicants with the exceptions of requirements related to military service or eligibility for veterans benefits.
(3) The veteran applicant and the spouse or domestic partner applicant must have resided together and must have been married, or have had a registered domestic partnership for at least one year prior to submitting a joint application to a Veterans Home.
(4) The veteran and spouse or domestic partner shall maintain joint residency at the same Veteran Home when space is available, unless medically contraindicated. If one member of a couple is transferred to a different Veterans Home, the other member of the couple shall move to the same destination Veterans Home when space is available unless medically contraindicated.
(g) The Veterans Homes shall not admit an applicant or allow for the continued residency of any member who has been convicted of a crime who indicates incompatibility with a safe and secure community environment or an applicant that is currently serving on parole or probation for a criminal conviction. Examples of incompatibility include criminal convictions for elder abuse, assault, or theft, or a conviction that requires registration as a sex offender pursuant to Section 290 of the Penal Code. The Secretary or a designee may exempt applicants from this subsection on a case-by-case basis if the applicant can prove, to the satisfaction of the Secretary or designee, that admission of the applicant will not endanger residents, staff, visitors, or property, or otherwise harm the community environment or the licensure or certification of the Veterans Home.
(h) Any applicants who do not meet eligibility requirements will not be considered for admission.
Note: Authority cited: Sections 79.3 and 1044, Military and Veterans Code. Reference: Sections 1012 and 1043, Military and Veterans Code.
1. Change without regulatory effect renumbering former section 501.2 to new section 505.2 filed 9-27-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 39).
2. Amendment of section and Note filed 11-7-2018; operative 1-1-2019 (Register 2018, No. 45).
This database is current through 10/4/19 Register 2019, No. 40
12 CCR § 505.2, 12 CA ADC § 505.2
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