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§ 505.2. Eligibility Determination.

12 CA ADC § 505.2Barclays Official California Code of RegulationsEffective: October 1, 2022

Barclays California Code of Regulations
Title 12. Military and Veterans Affairs
Division 2. Department of Veterans Affairs
Chapter 4. Veterans' Home of California
Effective: October 1, 2022
12 CCR § 505.2
§ 505.2. Eligibility Determination.
Currentness
(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 veteran that is currently receiving disability income from a state or federal agency due to a permanent illness or injury.
(3) “Joint application” means two simultaneous applications for joint admission by a veteran and a nonveteran spouse or domestic partner.
(4) “Joint admission” occurs when a veteran and a nonveteran spouse or domestic partner obtain joint residency at the same Veterans Home.
(5) “Joint residency” is when a veteran and a nonveteran spouse or domestic partner live at the same Veterans Home.
(6) “Nonveteran spouse or domestic partner” means a spouse or domestic partner of a veteran, who is not an eligible veteran as defined by Military and Veterans Code (MVC) 1012.
(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 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.
(3) Have served active duty service in the Armed Forces of the United States of America as determined by the 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 veteran facility in accordance with the rules and regulations of the USDVA, and enrolled in the USDVA health care program.
(6) Have or obtain basic medical insurance policies and maintain them throughout their residency in accordance with the MVC 1033.1 and CCR Section 505(e).
(f) At any time prior to admission, a veteran and nonveteran spouse or domestic partner may submit a joint application for joint admission to a Veterans Home. Joint applications shall not be accepted after admission of the veteran.
(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.
(2) The nonveteran 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) If the veteran is denied admission, the nonveteran spouse or domestic partner shall not be admitted. If the veteran is deemed eligible for admission and the nonveteran spouse or domestic partner is denied admission, the veteran may continue the application process as an individual.
(4) The veteran applicant and the nonveteran 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.
(5) The veteran and nonveteran spouse or domestic partner shall only be admitted to the same Veterans Home.
(A) Unless medically contraindicated, the couple shall be admitted to the same room. If a room is not available to accommodate both applicants, admission shall be delayed until an appropriate room becomes available.
(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.
(C) The nonveteran spouse or domestic partner shall not be admitted prior to the veteran.
(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.
(7) This subsection shall not apply if both spouses or domestic partners are eligible veterans.
(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.
(2) The Veterans Homes shall not admit any applicant, and shall discharge a previously admitted member, found to have omitted information or records related to his or her criminal history, or provided incomplete, inaccurate, or false information or records related to his or her criminal history.
(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.
(k) Any applicant who does not meet eligibility requirements will not be considered for admission.
(l) Upon determination that an applicant meets all eligibility requirements, the Veterans Home shall admit the applicant in priority order in accordance with CCR 505.3.

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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