(1) “Nonveteran spouse or domestic partner” has the same meaning as defined by Section 505.2.
(2) “Related veteran member” means the eligible veteran member who is related to the nonveteran spouse or domestic partner through marriage or domestic partnership and who submitted a joint application for admission with the nonveteran spouse or domestic partner in accordance with Section 505.2(f).
(3) “Discharge” means the termination of residency of a member from a Veterans Home.
(b) A nonveteran spouse or domestic partner previously admitted to the Veterans Home in a joint admission with a veteran may elect to continue residency in the Veterans Home, subject only to the subparagraphs (c) and (d) below, after the following events:
(1) the death of the related veteran member;
(2) the discharge of the related veteran member pursuant to Section 520.2(c);
(3) or the marital dissolution or the termination of a domestic partnership between the related veteran member and the nonveteran spouse or domestic partner following joint admission.
(c) Nothing in this section shall prohibit a discharge when a nonveteran spouse or domestic partner:
(1) has not resided jointly with the related veteran member in the Veterans Home for at least one year, unless the failure to meet this requirement is due to the related veteran member's death, or the related veteran member's discharge pursuant to Section 520.2(c);
(2) fails to pay member fees;
(3) no longer meets eligibility requirements pursuant to Section 505.2(e)(6), Section 505.2(g), or Section 505.2(h);
(4) exceeds the Veterans Home's treatment limitations pursuant to Section 501.3;
(5) or fails to comply with policies and procedures adopted pursuant to Military and Veterans Code section 79.4 for the purposes of protecting the licensing, certification, and other approval requirements of the Veterans Homes and which have been provided to the nonveteran spouse or domestic partner.
(d) This section shall not apply when the related veteran member is discharged from the Veterans Home pursuant to Military and Veterans Code section 1012, or pursuant to Military and Veterans Code section 1012.1(b) as it pertains to providing false financial and other information on a joint application. A nonveteran spouse or domestic partner shall be discharged jointly with the related veteran member in such circumstances.
Credits
Note: Authority cited: Sections 79.3, 79.4, 1023 and 1044, Military and Veterans Code. References: Sections 1012 and 1012.1, Military and Veterans Code.
1. New section filed 8-23-2023; operative 10-1-2023 (Register 2023, No. 34).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 12, § 505.13, 12 CA ADC § 505.13
