40 TAC §176.7
The Veterans Land Board adopts §176.7, concerning Admissions
Requirements, with changes to the text as proposed in March 17, 2000, issue
of the
Texas Register
(25 TexReg 2321). A
nonsubstantive error in subsection (a) referencing subsection (d) has been
corrected and now appropriately references subsection (b).
The adopted amendments will eliminate the requirement that only Medicaid
eligible veterans may apply for admission to a state veterans home, reduces
the required residency period from two years to one year, provides for the
admission of the veteran's spouse or the unmarried surviving spouse of a veteran,
and eliminates the requirement that service have occurred after September
16, 1940.
Admission to a state veterans home will now be based on a medical necessity
for long term care, as opposed to being solely based on Medicaid eligibility
and the required length of residency in Texas for non-Texas veterans will
be reduced to one year. The spouse of a veteran will also be eligible for
admission to a veterans home, thus preventing the break up of families, along
with the unmarried surviving spouse of a veteran who died or is identified
as missing in action. In addition, veterans who served on active duty prior
to September 16, 1940, will now be eligible for admission to a state veteran's
home.
There were no comments received regarding the proposed amendments.
This amendment is adopted under the provisions of Natural Resources
Code, §164.002(b), which authorizes the Veterans Land Board to change
the definition of a veteran as necessary or appropriate to protect the best
interest of the program.
The adopted amendment does not effect any statute, code or article.
§176.7.Admissions Requirements.
(a)
Except as provided in subsection (b) of this section, admission
to a state veterans home shall be limited to Texas Veterans.
(b)
For purposes of this program, a Texas Veteran is someone
who:
(1)
is at least 18 years of age and a citizen of the United
States of America;
(2)
Meets the following service requirements:
(A)
has served not less than 90 continuous days on active duty
in the Army, Navy, Air Force, Coast Guard, Marine Corps, United States Public
Health Service or reserve component of one of the listed branches of service,
unless discharged earlier because of a service-connected disability, and who
has not been dishonorably discharged from military service; or
(B)
has enlisted or received an appointment in the Texas National
Guard, who has completed all initial active duty training required as a condition
of the enlistment or appointment, and who on the date of filing the application
has not been dishonorably discharged from the Texas National Guard; and
(3)
was a bona fide resident of Texas at the time
of enlistment, induction, commissioning, appointment or drafting; or has resided
in Texas continuously for at least one year immediately before applying for
admission. For purposes of determining if a veteran has resided in Texas for
one year, the Board may require an affidavit from the veteran or the veteran's
guardian, setting forth residence addresses for this one-year period. In addition,
the veteran, and/or guardian may be required to furnish documentary evidence
of such residence, including, but not limited to driver's licenses, voter
registrations, tax receipts, W-2 forms, etc.
(4)
The term also includes:
(A)
the unmarried surviving spouse of a veteran who died or
who is identified as missing in action if the deceased or missing veteran
meets the requirements in this section, with the exception that the deceased
or missing veteran need not have served 90 continuous days under paragraph
(2)(A) of this subsection, and if the deceased or missing veteran was a bona
fide resident of Texas at the time of the enlistment, induction, commissioning,
appointment or drafting; and
(B)
the spouse of a living Texas veteran
(c)
Admission will also be dependent on a determination that
the veteran has a medical necessity requiring long-term care.
(d)
Notwithstanding any provision above to the contrary, no
more than 25% of the occupants at any one time may be veteran-related family
members; i.e. spouses and/or surviving spouses.
(e)
In considering admission applications, where possible,
preference should be given to veterans who would otherwise meet institutional
Medicaid eligibility criteria, as determined by the Texas Department of Human
Services, but state Medicaid payments not be used as part of the veteran's
payment for care and residence costs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 28, 2000.
TRD-200003023
Larry R. Soward
Chief Clerk, General Land Office
Veterans Land Board
Effective date: May 18, 2000
Proposal publication date: March 17, 2000
For further information, please call: (512) 305-9129