CHAPTER 7. STATE VETERANS HOME

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Bona fide resident of this Commonwealth—A domiciliary of this Commonwealth. A person who maintains a permanent place of abode in this Commonwealth as the true, fixed and permanent residence to which, whenever absent, the person has the intention of returning.

   Code—51 Pa.C.S. § §  101—9403 (relating to the military code).

   Commandant—The administrator of a nursing or personal care facility for aged or disabled veterans who is licensed in accordance with the statutes and regulations of the Commonwealth.

   Department—The Department of Military Affairs of the Commonwealth.

   Eligible veteran—An individual who has served in the Armed Forces of the United States or the Pennsylvania Military Forces, as defined in the code, who was released or discharged from service under honorable conditions who meets the admissions criteria set forth in this chapter, and who is eligible for certain benefits, rights and privileges resulting from the service.

   Incapable of self-support—The inability to earn a living in an amount over the minimum required to become eligible for public assistance or welfare as set forth by the Department of Public Welfare.

   Maintenance cost—The cost to provide nursing or personal care to the individual residents of State Veterans Homes. The cost shall be computed at least annually and shall include those items of expense which would be considered cost of operations by the United States Veterans Administration in the operations of its domiciliaries and nursing homes.

   Nursing care—Accommodation of convalescents or other persons who are not acutely ill and not in need of hospital or personal care but who require the services of a registered nurse or licensed practical nurse, as those positions are defined in 28 Pa. Code §  201.3 (relating to definitions).

   Personal care—Providing shelter, sustenance and incidental medical care to assist eligible veterans who are disabled by age or disease but who are not in need of hospitalization or nursing care services to attain physical, mental and social well-being through special rehabilitative programs.

   Resident—An individual who meets the admission criteria, is admitted, and is domiciled in a State Veterans Home.

   State Veterans Commission—An advisory commission within the Department, the composition, powers and duties of which are provided by statute.

   State Veterans Home—A nursing or personal care home for aged or disabled veterans administered by an agency of the Commonwealth and recognized by the Veterans Administration.

   Superintendent—Commandant.

 The purposes of this chapter are as follows:

   (1)  To provide standards and procedures for application and determination of eligibility for admission to a State Veterans Home.

 (a)  To qualify for admission to a State Veterans Home, an applicant shall meet the following requirements:

   (1)  Eligible veteran or spouse. An applicant shall be an eligible veteran, spouse or surviving spouse of an eligible veteran.

   (2)  Residency. Except as provided in paragraph (3), an applicant shall be a bona fide resident of this Commonwealth upon application for admission.

   (3)  Applicants from another state. Subject to §  7.6 (relating to priority of admission), an eligible veteran who resides in another state may apply for admission if this Commonwealth was listed as home of record upon entry into active duty or this Commonwealth’s military forces. An applicant who is not a bona fide resident of this Commonwealth at the time of admission may not be admitted if a bona fide resident of this Commonwealth is awaiting admission.

   (4)  Income restrictions. An applicant shall be incapable of self-support and demonstrate a financial need for admission. A single applicant will be considered to have a financial need for admission if annual income is less than $25,956. The maximum income for an applicant with dependents is $25,956 per year plus $1,488 per year per dependent. The maximum income shall be adjusted each year after 1985 by the same percentage of adjustment applied by the United States Veterans Administration to veterans’ disability compensation. The Department will submit the revised limits to the Legislative Reference Bureau for recommended publication as a notice in the Pennsylvania Bulletin and for recommended codification in this chapter. An applicant whose income exceeds the levels established by this section may still qualify for admission if he can demonstrate exceptional circumstances creating a financial need for admission to the home.

   (5)  Approval by admissions committee. An applicant shall be approved for admission by the admissions committee at the home. Denials of admission for reasons stated in subsection (b) may be appealed under §  7.10 (relating to appeals).

 (b)  The following applicants are ineligible for admission:

   (1)  An applicant whose condition requires mental health care or custody.

   (2)  An applicant whose behavior creates a reasonable threat to the health, safety or welfare of himself or others. This exclusion applies to an applicant who is taking medication to control his behavior where, in the absence of the medication, the applicants’ behavior would reasonably be expected to create a potential threat to the health, safety or welfare of himself or others.

   (3)  An applicant whose condition requires treatment or levels of treatment not available at the home except under circumstances where alternative sources of treatment are reasonably available in the immediate vicinity of the home.

   (4)  An applicant who has a history of alcoholism or drug abuse whose history indicates that the applicant may not be responsive to treatment or which indicates that the applicant may not accept or participate in available treatment programs.

   (5)  An applicant suffering from a contagious disease.

   (6)  An applicant who was convicted of a felony, unless the applicant has demonstrated good character and behavior and has no convictions for crimes or offenses for at least 5 years.

 An application for admission shall be in the form prescribed by the Department and shall be secured from the various county veterans service officers or the service officers of the major veterans organizations in this Commonwealth. An application for admission shall be mailed to the Department of Military Affairs, Fort Indiantown Gap, Annville, Pennsylvania 17003-5002, Attention: State Veterans Homes.

 (a)  General rule. Within a waiting list specified in subsection (b), a qualified applicant shall be offered admission in the order that the application for admission is received by the Department.

 (b)  Waiting lists.

   (1)  The primary waiting list shall consist of applications from the following persons:

     (i)   An eligible veteran who is a bona fide resident of this Commonwealth at the time of application.

     (ii)   A spouse of a current resident of a veterans home, subject to §  7.7 (relating to eligibility of spouse and surviving spouse).

     (iii)   A spouse or surviving spouse of an eligible veteran when the eligible veteran is not a current resident of a veterans home and the applicant is a bona fide resident of this Commonwealth, subject to §  7.7.

   (2)  The secondary waiting list shall consist of applications from the following persons:

     (i)   An eligible veteran who is not a bona fide resident of this Commonwealth at the time of application.

     (ii)   A spouse or surviving spouse of an eligible veteran when the eligible veteran is not a current resident of the veterans home and the spouse is not a bona fide resident of this Commonwealth at the time of application, subject to §  7.7.

 (c)  Priority to primary list applicants. A qualified applicant whose name is on the primary waiting list shall be offered admission prior to offering admission to an applicant whose name is on the secondary waiting list.

   The provisions of this §  7.6 amended April 18, 1986, effective April 19, 1986, 16 Pa.B. 1425. Immediately preceding text appears at serial page (33836).

 (a)  Spouse. The spouse of a veteran who derives eligibility from the eligible veteran and may become a resident with the veteran if the spouse has been married to the veteran for at least 2 years prior to application for membership and is otherwise eligible.

 (b)  Surviving spouse. The surviving spouse of a deceased eligible veteran derives eligibility from the deceased eligible veteran as long as the spouse has not remarried. The surviving spouse may be admitted if otherwise eligible.

   The provisions of this §  7.7 amended April 18, 1986, effective April 19, 1986, 16 Pa.B. 1425. Immediately preceding text appears at serial pages (33837) to (33838).

 (a)  Maintenance fees. The Commonwealth is authorized to recover the costs of maintaining a person in a State Veterans Home under Pennsylvania statute. A person will not be denied admission to a veterans home on grounds of inability to pay maintenance fees.

 (b)  Monthly payment of maintenance fees. A resident of a State Veterans Home is required to make monthly payments against maintenance fee liability in accordance with the resident’s ability to pay. The maximum amount of the monthly payment shall be 1/12 of the annual per capita cost of maintaining the resident at the home. The monthly payment may be reduced to reflect the ability of the resident to pay. In calculating the amount of reduction of the monthly maintenance fee, the Commandant will insure that a resident retains at least $100 plus 20% of the balance of income for the month to take care of the resident’s personal needs. A resident with a spouse residing at home may retain $200 plus 20% of the balance of their income. In addition to this standard adjustment, the Commandant may approve further reductions in monthly maintenance fee payments where a resident demonstrates that his particular circumstances of income and necessary expenses justify payment of a reduced fee.

 (c)  Appeal of monthly maintenance fees. A resident who disagrees with the Commandant’s determination as to the monthly maintenance fee may request review of the determination by the Director of the Bureau of Veterans Affairs. The request for review shall be in writing and state the reasons why the resident believes he lacks the ability to pay maintenance fees at the monthly rate established by the Commandant. A Commandant may submit a response to the request for review indicating the reasons for the determination. A copy of the Commandant’s response shall be provided to the resident for review and comment. The Director of the Bureau for Veterans Affairs will review the materials submitted by the resident and the Commandant and will provide a written determination to the resident and the Commandant stating the amount of the monthly maintenance fee to be paid and the reasons for the determination. The Director’s determination may be appealed under §  7.10 (relating to appeals).

 (d)  Liability for cost of maintenance. Acceptance of reduced amount of monthly maintenance fees does not relieve a person or estate of liability for payment for the full cost of the maintenance under Pennsylvania statute.

 (e)  Deposit of maintenance fees. A payment of maintenance fees shall be deposited with the Treasurer of the Commonwealth under the appropriate augmenting revenue code.

 (f)  Exclusions to monthly maintenance fees. In order to encourage a resident to participate in therapeutic activities that may result in incidental income to the resident, up to $200 per month of income earned as a result of participation in therapeutic activities, such as craft shows and sales, Senior Companion Programs, assistance in morale, welfare and recreational activities and like functions may be excluded when calculating the amount of the monthly maintenance fee payments.

 (a)  Property, cash or other effects belonging to a resident of a State Veterans Home who dies intestate which remain unclaimed at the death of a resident shall be deemed the property of State Veterans Home and subject to its use as provided in this section.

 (b)  The property, shall be converted to cash and deposited into the State Veterans Home welfare fund. The Superintendent shall hold the principal in trust for a period of 1 year following the death of the resident. During this period, the Superintendent shall have power to invest the principal and use the income in accordance with the provisions of this chapter.

 (c)  Upon claim made within 1 year following death and sustained by legal proof, all or part of the principal shall be paid over to the claimant entitled thereto upon acknowledgment, execution and delivery of proper releases.

 (a)  A person aggrieved by an action affecting personal or property rights, privileges, immunities, duties, liabilities or obligations may appeal in writing to the Adjutant General of Pennsylvania who will receive and adjudicate appeals from the actions of the staff under 1 Pa. Code Part II (relating to general rules of administrative practice and procedure). The Adjutant General may ask the Chairman of the State Veterans Commission to appoint a hearing panel of members of the State Veterans Commission to hear an appeal or the Adjutant General may appoint a hearing officer. Hearing panels and hearing officers have the powers of presiding officers under 1 Pa. Code Chapter 35, Subchapter E (relating to presiding officers) and shall prepare and serve proposed reports under 1 Pa. Code Chapter 35, Subchapter G (relating to proposed reports). The Adjutant General will issue adjudications of appeals as final orders of the Department.

 (b)  Except as provided in §  7.12 (relating to discipline and discharge), an appeal shall be filed within 10 days after service of the notice of the action being appealed.

   The provisions of this §  7.10 amended April 18, 1986, effective April 19, 1986, 16 Pa.B. 1425. Immediately preceding text appears at serial pages (33838) to (33839).

 The following constitute grounds for discharge from a State Veterans Home:

 (1)  Restoration to the ability of self-support within the community.

 (2)  Conviction of a felony while a resident of a State Veterans Home.

 (3)  Misrepresentation in applying for admission to a State Veterans Home or in completing documents or providing information while a resident of a home.

 (4)  Refusal to abide by this chapter, regulations and discipline of a State Veterans Home.

 (5)  Failure to meet repayment of indebtedness arrangement for prior stay in a State Veterans Home.

 (6)  Failure to pay maintenance fees.

 (7)  Change in medical condition so that the resident is ineligible for membership at the home.

 (8)  The member is subject to a condition that creates a potential threat to himself or others whether or not the behavior or condition is controlled or unintentional.

 (a)  Order and discipline required. The Commandant is responsible for the maintenance of good order and discipline among the residents of a State Veterans Home. A resident whose conduct does not comport with the requirements for an orderly and disciplined home may be subject to disciplinary action, up to and including discharge from the home. Residence in a State Veterans Home is voluntary, and a resident subject to discipline under this section may elect to request voluntary discharge in lieu of compliance or appeal from the disciplinary action.

 (b)  Admonitions and reprimands. When a record of an admonition or reprimand is filed in a resident’s file, the resident shall be given the opportunity to file a response to the admonition or reprimand setting forth matters in disagreement, extenuation or mitigation. The resident’s response shall be filed with the record of the admonition or reprimand. Admonitions or reprimands are not adjudications and are not subject to appeal under §  7.10 (relating to appeals).

 (c)  Disciplinary actions. Disciplinary actions include withdrawal of privileges to participate in recreation and social activities and restrictions to the grounds of the home. When the Commandant decides to impose discipline on a resident, the Commandant will notify the resident in writing of the proposed action and the reasons for the proposed action. If a resident on whom a disciplinary action is imposed under this section desires an administrative hearing on the proposed action, the resident shall request a hearing within 24 hours after receipt of the notification. The Commandant, or, if he is unavailable to conduct the hearing because of absence or because he was a witness to the conduct that gave rise to the proposed discipline, a person designated by the Director of the Bureau for Veterans Affairs, will act as the presiding officer for hearings on disciplinary actions and conduct hearings under 1 Pa. Code Part II (relating to general rules of administrative practice and procedure). The Commandant or other presiding officer will prepare and serve a proposed report, and the resident may, within 5 days after issuance of the proposed report, appeal to the Adjutant General by filing exceptions and briefs in the manner provided by 1 Pa. Code Part II. The Adjutant General shall enter a final order for the Department.

 (d)  Discharges.

   (1)  When the Commandant proposes to discharge a resident of a veterans home under §  7.11 (relating to grounds for discharge), he will prepare and serve upon the resident an order to show cause setting forth the grounds for the proposed action. The order to show cause shall direct the resident to file a written answer to the order within 5 days with the Director of the Bureau for Veterans Affairs.

   (2)  The answer to the order to show cause shall, in addition to the information required by 1 Pa. Code §  35.37 (relating to answers to orders to show cause) indicate whether the resident requires or waives a hearing. If no answer to the order to show cause is filed or no matters are raised requiring a hearing or further proceedings, the Director of the Bureau for Veterans Affairs may forward the case to the Adjutant General for entry of a final order without hearing.

   (3)  If a hearing is to be conducted, the Adjutant General will either appoint a hearing officer or request the Chairman of the State Veterans Commission to appoint a hearing panel to conduct the hearing. If a hearing officer is appointed, he will not be employed in the veterans home from which the case arose. The hearing officer or hearing panel has the powers and duties of presiding officials and shall conduct the hearing and prepare a proposed report under 1 Pa. Code Part II. Copies of the proposed report will be served on the resident and the Commandant and either may appeal to the Adjutant General by filing exceptions to the proposed report in the manner provided by 1 Pa. Code Part II within 10 days after service. The Adjutant General will enter the final order for the Department.

 (e)  Effective date of disciplinary actions and discharges. Disciplinary actions and discharges imposed under this section will not be effected until the Adjutant General enters a final order, except where the Commandant recommends, and the Director of the Bureau for Veterans Affairs determines, that compelling circumstances exist that require the immediate withdrawal of privileges, restriction of the resident or discharge of the resident to provide for the health, safety and welfare of the resident or others.

 (f)  Supersession.

   (1)  Subsection (d)(2) supplements 1 Pa. Code § §  35.37 and 35.213 (relating to effect of failure to proposed report).

   (2)  Subsection (d)(1) supersedes 1 Pa. Code §  35.211 (relating to procedure to except to proposed report).

 (a)  A resident accepting a discharge at his own request may not be readmitted until 6 months have elapsed, at which time the application will be considered as if it were an initial application for admission.

 (b)  A resident discharged under §  7.11 (relating to grounds for discharge) may apply for readmission as follows:

   (1)  A resident discharged under §  7.11(2) for conviction of a felony may apply for readmission after 5 years have elapsed. The circumstances leading to the discharge may be considered in determining whether to readmit the veteran.

   (2)  A resident discharged under §  7.11(3)—(6) may apply after 12 months have elapsed.

   (3)  A resident discharged under §  7.11(7) or (8) may be readmitted when the resident’s medical condition is such that he is eligible for admission. The application for readmission is subject to the priority provisions of §  7.6 (relating to priority of admission).

   (4)  A resident discharged under §  7.11(7) or (8) for medical or other conditions for which treatment is unavailable or which renders the resident unsuitable for continued residence may apply for readmission after the condition that resulted in discharge is changed, making the resident eligible for readmission.

   (5)  A resident discharged under §  7.11(7) or (8) who is eligible for readmission shall be placed at the top of the waiting list for priority for admission.

 (c)  Readmission may not be granted to a resident who was financially indebted to a State Veterans Home at the time of discharge. If the resident was financially able to repay the debt during the period of discharge, readmission may not be granted until full payment of the indebtedness is made or an arrangement satisfactory to the Superintendent is made for payment.

 (d)  Failure to fulfill an arrangement for repayment after readmission is cause for immediate discharge.

 The Commandant has the authority to bar a nonresident visitor from the home when the Commandant has reason to believe the visitor is a risk to the health, safety and welfare of the residents. The Commandant’s right to bar certain visitors prevails over the right of a resident to receive a visitor.

 (a)  The Adjutant General will appoint the Commandant of a State Veterans Homes.

 (b)  The Commandant of a State Veterans Home shall be licensed as a Nursing Home Administrator under the statutes and regulations of the Commonwealth.

 (a)  A State Veterans Home shall provide a wide range of recreational, social and related activities for residents of the home. The activities may include participation in veterans organizations.

 (b)  The Commandant may permit activities for the morale, welfare and recreation of residents of a home, and, toward that end may consent to the establishment and maintenance of a veterans organization, recreation club, social functions and similar activities at a State Veterans Home.

 (c)  Morale and recreational activities are part of the overall function of a home and are official activities. In order to maximize the opportunity for morale and recreational programs to benefit the residents of a home, the Commandant may permit the establishment of recreation, social and membership funds to be raised by the payments of the participants in recreational activities and donations to be used to supplement official funds to provide a well-rounded program of morale and recreational activities. The day-to-day management of a fund is vested in the membership, but the Commandant may condition permission for the establishment of a fund on regular audits, financial reports and accountability and may impose other conditions on the operation and maintenance of morale and recreation activities as the Commandant deems appropriate.

 (a)  The Superintendent of each State Veterans Home shall cause to be created a welfare fund for the health and welfare of the residents of the State Veterans Home.

 (b)  The welfare fund shall be the depository of any donations to the State Veterans Home, any property left by deceased residents as defined in this chapter, and any monies derived from health and welfare activities at the Home.

 (c)  The Superintendent at each State Veterans Home shall appoint, in writing, an advisory council from the staff and residents to oversee the operation of the welfare fund.

 (d)  The advisory council shall:

   (1)  Meet at least monthly.

   (2)  Keep written records of its meetings.

   (3)  Prepare its own by-laws.

 (a)  A resident of the nursing unit whose income, from whatever source, is greater than that permitted by the Veterans Administration for aid and attendance shall still be required to pay an amount equal to the current aid and attendance allowance payable to those residents eligible to receive the entire grant. Aid and attendance payments shall be payable to the State Veterans Homes and shall be deposited into the State Veterans Home restricted account under the Fiscal Code of the Commonwealth. The aid and attendance payments shall be for the additional nursing care rendered the resident and in addition to the maintenance fee charged the resident as stated in this chapter.

 (b)  A resident of the domiciliary unit who receives housebound allowances shall pay the payments to the State Veterans Home wherein he resides. The payments shall be for the extra services rendered the resident and shall be deposited in the State Veterans Homes restricted account under the Fiscal Code of the Commonwealth. The housebound payments shall be in addition to the maintenance fee charged the resident as stated in this chapter.

 The Superintendent of each State Veterans Home is authorized to adopt rules and regulations for the daily operation of the home and the discipline of the residents therein in accordance with the provisions of this chapter.