§ 505.2. Eligibility Determination.
12 CA ADC § 505.2Barclays Official California Code of RegulationsEffective: October 1, 2022
Effective: October 1, 2022
12 CCR § 505.2
§ 505.2. Eligibility Determination.
(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.
(1) Nonveterans are not eligible for admission without a joint application with a veteran spouse or domestic partner, with the exceptions of surviving spouses and domestic partners of Medal of Honor recipients and former prisoners of war. However, an eligible surviving nonveteran spouse or domestic partner may not apply for joint admission with a nonveteran spouse or domestic partner.
(B) If the veteran and nonveteran spouse or domestic partner require different levels of care, the spouse or domestic partner may be admitted at a later date if a bed is not immediately available in the appropriate level of care, provided that he or she maintains eligibility and will be admitted to the same Veterans Home.
(6) The veteran and nonveteran spouse or domestic partner shall maintain joint residency at the same Veterans Home and in the same room 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, and shall discharge a previously admitted member, who has been convicted of a crime involving conduct incompatible with the safety and security of the Home population, including, but not limited to crimes involving elder abuse, assault, or theft. 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.
(1) The Secretary or designee shall require the applicant to obtain and produce, at the applicant's expense, any requested information or records related to the applicant's convictions, incarceration, sentencing, or other aspects of his or her criminal history. If documents cannot be acquired, a good faith effort to obtain the documents must be demonstrated by the veteran. Failure to completely or faithfully produce all requested information or records shall result in denial of admission.
(h) The Veterans Homes shall not admit an applicant, and shall discharge a previously admitted member, who has been convicted of a crime that requires registration as a sex offender under section 290 of the Penal Code, or who is currently serving on parole or probation for a criminal conviction as stated in section 505.2(g).
(i) Former members may apply for readmission, and may be readmitted, provided they submit a completed application for admission, are eligible for readmission under CCR sections 505.8 and 505.9, and meet all other eligibility requirements in this section. Priority for readmission applicants shall be in accordance with CCR 505.3.
(j) Veterans whose applications for admission are rejected shall have the right to appeal the decision, first to the Administrator and second to the California Veterans Board upon an adverse decision by the Administrator as set forth in Section 86 of the MVC. If the reason for the denial is reversed following appeal, the Veterans Home shall resume the application review process to determine whether the applicant meets all eligibility criteria not previously considered in the appeal, and the applicant may be required to submit additional documentation deemed necessary to determine eligibility on any grounds not previously addressed. The applicant may not be denied on the same grounds reversed on appeal, but may be subsequently denied admission on any relevant criteria not previously addressed on appeal.
Credits
Note: Authority cited: Sections 79.3 and 1044, Military and Veterans Code. Reference: Sections 79.4, 1012, 1012.1, 1043 and 1044, Military and Veterans Code.
History
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).
3. Amendment of section and Note filed 8-24-2022; operative 10-1-2022 (Register 2022, No. 34).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 12, § 505.2, 12 CA ADC § 505.2
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