Chapter 1 - Veterans’ Home of California

California Military and Veterans Code — §§ 1010-1052

Showing inline text for up to 20 sections. Open a section link to read its full text.

Sections (45)

Amended by Stats. 2024, Ch. 140, Sec. 1. (SB 1529) Effective January 1, 2025.

As used in this chapter:

(a)“Home” means any facility operated by the department for the provision of long-term care, assisted living, adult day health, independent living, or other health care services to eligible veterans. The Veterans’ Home of California system is comprised of the following subsidiary home locations:

(1)The Veterans’ Home of California, Yountville, in Napa County.

(2)The Veterans’ Home of California, Barstow, in San Bernardino County.

(3)The Veterans’ Home of California, Chula Vista, in San Diego County.

(4)The Veterans’ Home of California, West Los Angeles, in Los Angeles County.

(5)The Veterans’ Home of California, Lancaster, in Los Angeles County.

(6)The Veterans’ Home of California, Ventura, in Ventura County.

(7)The Veterans’ Home of California, Fresno, in Fresno County.

(8)The Veterans’ Home of California, Redding, in Shasta County.

(b)“Administrator” means the senior executive appointed to operate a home.

(c)“Department” means the Department of Veterans Affairs.

(d)“Member” means a veteran or nonveteran spouse or domestic partner who

has been admitted to residency at a veterans’ home.

(e)“Secretary” means the Secretary of Veterans Affairs.

(f)“Veteran” has the same meaning as defined in Section 101(2) of Title 38 of the United States Code.

(g)“Applicant” means an eligible veteran or nonveteran spouse or domestic partner who is applying for admission to a home.

§ 1011

Repealed and added by Stats. 2017, Ch. 28, Sec. 42. (SB 96) Effective June 27, 2017.

(a)There is in the department a Veterans’ Home of California system, as defined in subdivision (a) of Section 1010.

(b)There shall be an administrator for each home or homesite in that system, who shall be recommended by the Secretary of Veterans Affairs and appointed by the Governor, and shall be located at that home or homesite. The salary for each administrator shall be subject to the approval of the Department of Human Resources.

§ 1012

Amended by Stats. 2024, Ch. 140, Sec. 2. (SB 1529) Effective January 1, 2025.

(a)Except as provided in Sections 1012.4, 1023, and 1023.1, the homes are for aged or disabled persons who served in the Armed Forces of the United States of America who were discharged or released from active duty under conditions other than dishonorable, who are eligible for health care benefits, hospitalization, or domiciliary care in a veterans’ facility in accordance with the rules and regulations of the United States Department of Veterans Affairs, and who are bona fide residents of this state at the time of application; and for the spouses or domestic partners of these persons if all of the following conditions, as are

applicable, are satisfied:

(1)Space is available.

(2)The veteran and the spouse or domestic partner will maintain joint residency in accordance with rules established by the department.

(3)The spouse or domestic partner is a bona fide resident of this state at the time of application for admission to the home and either is married to, and has resided with, the veteran applicant for at least one

year, or is the surviving spouse or domestic partner of a recipient of the Medal of Honor or a former prisoner of war (POW).

(b)(1) Veterans who qualify for benefits under this chapter who are recipients of the Medal of Honor or who were

POWs shall be given priority over all other qualified veterans.

(2)Veterans who qualify for benefits under this chapter who have been rated by the United States Department of Veterans Affairs as being 70 percent or greater service-connected disabled may be given priority over other

veterans who do not qualify for prioritization under paragraph (1).

(3)The secretary may establish needs-based criteria for admission to the homes, and any veteran meeting those criteria may be given priority over veterans who do not qualify for prioritization under paragraph (1) or (2) and can afford to provide for their own care elsewhere.

(4)Paragraphs

(2)and (3) shall not apply to veterans who, as of January 1, 2018, are on a wait list awaiting admission to a home.

(5)Veterans who qualify for benefits under this chapter due to service during a time of war may be given priority over veterans who qualify due to service during a time of peace.

(c)A member spouse or domestic partner may continue

residency after the veteran’s death so long as they continue to pay all applicable fees.

(d)The property of the home shall be used for this purpose.

§ 1012.1

Amended by Stats. 2024, Ch. 140, Sec. 3. (SB 1529) Effective January 1, 2025.

(a)Prior to the admission of an applicant, and at any time during which a person is a member of a home, the department may investigate an applicant’s or member’s financial status or

criminal

background to determine the applicant’s or member’s income, assets, and suitability for residency at a home, or to ensure that the applicant or member is unable to pay for necessary hospital or domiciliary care outside of the home. The department may contract with any other state, federal, or private agency to conduct the investigation

on its behalf.

(b)Omitting or falsifying financial, criminal, medical, or other information by an applicant or member or nonpayment of fees may be grounds for financial penalties or denial of admission to, or discharge from, a home.

§ 1012.2

Amended by Stats. 2019, Ch. 29, Sec. 123. (SB 82) Effective June 27, 2019.

(a)Notwithstanding any other law, any member of the home who is receiving an aid and attendance allowance from the United States Department of Veterans Affairs for the member’s own care shall pay to the home an amount equal to that allowance in all levels of care excluding domiciliary.

§ 1012.3

Amended by Stats. 2017, Ch. 28, Sec. 46. (SB 96) Effective June 27, 2017.

(a)Members of a home, including members who are nonveteran spouses or domestic partners, shall pay fees as determined by the department to cover room and board and other expenses defined in regulations, except that the total of the individual member’s fees for any fiscal year shall not be greater than as set forth in the following schedule:

(1)Forty-seven and one-half percent of the member’s annual income for domiciliary care.

(2)Fifty-five percent of the member’s annual income for residential care for the elderly or assisted living.

(3)Sixty-five percent of the member’s annual income for intermediate care.

(4)Seventy percent of the member’s annual income for skilled nursing care.

(b)Subdivision (a) shall not apply to a member of a home who is in intermediate care or skilled nursing care and has a disability that has been rated by the United States Department of Veterans Affairs as being 70 percent or more service-connected, as determined under Part 4 of Title 38 of the Code of Federal Regulations and whose related payments made under Section 51.41 of Title 38 of the Code of Federal Regulations are considered by the United States Department of Veterans Affairs as payment in full for the member’s care.

(c)Subdivision (a) shall not apply to penalties for late fee payment.

(d)Failure to pay the required fees may be cause for the administrator to refer the

member to collections or dismiss the member from the home.

§ 1012.4

Amended by Stats. 2017, Ch. 28, Sec. 47. (SB 96) Effective June 27, 2017.

Notwithstanding Section 1012, the department may arrange by contract or any other form of agreement with the United States Department of Veterans Affairs to do all of the following:

(a)Authorize veterans, collateral dependents, and other beneficiaries authorized by the United States Department of Veterans Affairs, who are not members of a Veterans’ Home of California, to receive outpatient medical services at that home.

(b)Establish rates for reimbursement from the federal government to the State of California for outpatient services rendered by a Veterans’ Home of California to veterans who are authorized under subdivision (a).

(c)Establish and charge fees for outpatient services rendered by a Veterans’ Home of California.

(d)The outpatient services and reimbursement procedures authorized under subdivisions (a), (b), and (c) may be established for any veterans’ home established by the department.

§ 1013

Enacted by Stats. 1935, Ch. 389.

All property conveyed to and accepted by the State under the provisions of Chapter 101, Statutes of 1897, and any other property conveyed to and accepted for the home shall be the property of the home the same as though the description of such property and acceptance thereof were herein set forth.

§ 1023

Amended by Stats. 2020, Ch. 61, Sec. 2. (AB 240) Effective January 1, 2021.

(a)The department may sue and be sued in any of the courts of this state. All property held by the department for a home shall be held in trust for the state and for the use and benefit of the home. The department shall manage the homes and administer their affairs, and, subject to the direction of the secretary, adopt rules and regulations for the government of the homes in conformity, as nearly as possible, to applicable state and federal rules and regulations, including, but not limited to, the United States Department of Veterans Affairs regulations.

(b)With the consent of the secretary, the Director of General Services may lease or let any real property held by the department

for a home, and not needed for any direct or immediate purpose of the home, to any entity or person upon terms and conditions determined to be in the best interests of the home and its members. In any leasing or letting, except as provided in Section 1049, all moneys received in connection therewith shall be deposited in the General Fund.

§ 1023.1

Added by Stats. 2020, Ch. 61, Sec. 3. (AB 240) Effective January 1, 2021.

(a)A lease of real property held by the department for a home shall not exceed five years, unless one of the following apply:

(1)The lessee is a town, city, county, or city and county, or a political subdivision thereof, where the home is located.

(2)The lessee is a nonprofit organization that provides services exclusively for veterans of the Armed Forces of the United States and their families.

(3)The contract for the lease with the department or the Director of General Services was executed before January 1, 2021.

(b)The department or the Director of General Services and a lessee may renegotiate the terms of the contract described in paragraph (3) of subdivision (a), except that any terms regarding the duration or renewal of the contract shall not be extended, unless those terms meet the requirements of this section.

(c)A lease contract with any other party may be granted for a term greater than five years only with the approval of the Legislature by statute.

§ 1023.2

Added by Stats. 2020, Ch. 61, Sec. 4. (AB 240) Effective January 1, 2021.

(a)The general purpose of any use, other than an easement, of real property held by the department for a home by a person or entity, other than the home or a resident of the home, shall meet all of the following criteria, as determined by the secretary:

(1)Provide substantial and direct benefits to the home and its members.

(2)Be appropriate and compatible with the nature of the home.

(3)Compensate the department in an amount that approximates fair market value, taking into consideration the value of the benefit provided to the home’s

members and the investment by the lessee in the property development of the home.

(4)When the use contemplated carries a reasonable risk of injury or loss to the state, the home, or the members of the home, that use is appropriately insured by the lessee to cover those risks and to insure home residents, the department, and the state against liability.

(b)Each use, other than an easement, of real property held by the department for a home by a person or entity, other than the home or a resident of the home, shall be governed by a written agreement between the department or the Director of General Services and the person or entity using the real property that establishes exactly how the person or entity meets the criteria in subdivision (a).

(c)For the purposes of this section, a benefit may include any function or activity that enhances the morale, welfare, and recreation of the home’s members.

§ 1025

Amended by Stats. 2020, Ch. 61, Sec. 5. (AB 240) Effective January 1, 2021.

For those services and programs administered by the department and within the purview of the United States Department of Veterans Affairs, appropriate facilities of the home shall be open at any time to the inspection of the Secretary of the United States Department of Veterans Affairs or the secretary’s authorized representative.

§ 1030.1

Amended by Stats. 2017, Ch. 28, Sec. 55. (SB 96) Effective June 27, 2017.

The department may enter into contracts with the United States or any agency thereof, any governmental agency, any person, or any corporation for the performance of services or manufacture of articles by disabled members of the homes. The proceeds of a contract described in this section, less the actual operating expenses, shall be paid to the individual disabled veterans who perform the services or labor.

§ 1030.2

Amended by Stats. 1968, Ch. 490.

The department may enter into contracts with the United States or any agency thereof and any other governmental agency for the purpose of providing courses of vocational training for disabled veterans who have been bona fide residents of this state for five years.

§ 1032

Repealed and added by Stats. 2024, Ch. 141, Sec. 2. (SB 1530) Effective January 1, 2025.

(a)(1) The department may fix a schedule of stipends for members who volunteer to support veterans home operations.

(2)A stipend is subject to the availability of funding and to the approval of the Director of Finance.

(b)A member volunteerism program pursuant to this section shall be therapeutic in nature and shall not interfere with the home’s ability to best care for and serve the member.

(c)A member shall only perform volunteer work in accordance with this section if the

chief medical officer of the home, or their designee, determines that the member is medically appropriate for volunteer work and would receive a therapeutic benefit from volunteering.

(d)(1) A member performing volunteer work is not, and shall not displace, a civil servant or otherwise be considered an employee, or displace an employee, of the department.

(2)Rules governing a member volunteerism program shall not conflict with state or federal law defining employment.

(e)Volunteer stipends are not subject to fee collections pursuant to Section 1012.3.

(f)A member may disenroll from a member volunteerism program at any time and without notice.

§ 1033.1

Repealed and added by Stats. 2017, Ch. 28, Sec. 59. (SB 96) Effective June 27, 2017.

(a)The department may pay the premiums on behalf of its members who are required to participate in eligible coverage, including medical assistance provisions contained in Title XVIII and Title XIX of the federal Social Security Act, from funds appropriated for the support of a home.

(b)The department may pay for copayments and deductibles for members receiving care under the limitations of the veterans’ home medical program and under the direction of the veterans’ home physician. Medical expenditures in excess of the premiums, copayments, and deductibles are the responsibility of the member.

(c)When entering a home and while residing in a home, a member is

required to obtain and maintain basic medical insurance policies that are in accordance with all applicable state and federal laws and regulations.

§ 1034

Amended by Stats. 2019, Ch. 29, Sec. 126. (SB 82) Effective June 27, 2019.

Except money received from this state for disbursement, all moneys received by a home, or by an officer of a home, including pension and other moneys belonging to members and other trust moneys, shall be immediately paid to the administrator of the home. The administrator of each home shall forward to the State Treasurer all moneys in the administrator’s possession, except pension and other moneys belonging to members, trust moneys, and donations made to each home, together with a statement of the sources from which the moneys have been received. The moneys shall be deposited by the State Treasurer to the credit of the General Fund; provided, however, that abatements of support expenditures shall be credited to the support appropriation current at the time of collection.

§ 1035

Amended by Stats. 2017, Ch. 28, Sec. 62. (SB 96) Effective June 27, 2017.

(a)(1) All moneys and other personal property of any member held by a home, or by its authority, or left by the member upon the premises of a home, shall, upon the death of the member, be held by the home in trust to be paid or delivered by the home upon proof determined to be proper to the administrator, directly and without probate, to the heirs of the member, except that the administrator may disburse funds of any deceased member for payment of funeral expenses or any obligation owed to any home, including the cost of any care rendered by a home in excess of the fees paid by the member to the home. Any funds of the deceased member representing the cost of care rendered by a home in excess of the fees paid by the member to the home shall be paid to the Morale,

Welfare, and Recreation Fund.

(2)This subdivision applies only to veterans, spouses, and domestic partners becoming members of a home on or after January 1, 1984.

(b)(1) All moneys and other personal property of any member held by a home, or by its authority, or left by the member upon the premises of a home, shall, upon the death of the member, be held by the home in trust to be paid or delivered by the home upon proof determined to be proper to the administrator, directly and without probate, to the spouse, domestic partner, children, grandchildren, or father or mother of the member, except that the administrator may disburse funds of any deceased member for payment of funeral expenses or any obligation owed to any home.

(2)This subdivision applies only to veterans, spouses, and domestic

partners who have become members of a home prior to January 1, 1984.

§ 1035.05

Amended by Stats. 2017, Ch. 28, Sec. 63. (SB 96) Effective June 27, 2017.

(a)(1) All moneys and other personal property of any member other than that described in Section 1035 shall, upon the death of the member, first be paid to the administrator for payment of funeral expenses or any obligation owed to any home remaining unpaid after the disbursement required by Section 1035 is completed; and second, in the absence of an heir or heirs or a will, pass and descend to and become the property of the state for credit to the Morale, Welfare, and Recreation Fund. If the total value of that property in the state over and above any amounts due the veteran for services in the Armed Forces of the United States or from any other employment does not exceed fifteen thousand dollars ($15,000), the home may, without procuring letters of

administration, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness, or right transferred to it upon furnishing the person, representative, corporation, official, or body owning the money, having custody of the property, or acting as registrar or transfer agent of the evidence of that interest, indebtedness, or right, with an affidavit showing the right of the home to receive the money or property or to have the evidences transferred. The receipt of the home shall constitute sufficient acquittance for any payment of money or delivery of property made pursuant to this section and shall fully discharge that person, representative, corporation, officer, or body from any further liability with reference thereto, without the necessity of inquiring into the truth of any of the facts stated in the affidavit. However, that payment or transfer does not preclude administration when necessary to enforce payment of the decedent’s debts, and the

administrator may, upon proof determined to be sufficient, pay the debts directly and without administration.

(2)This subdivision applies only to veterans, spouses, and domestic partners becoming members of a home on or after January 1, 1984.

(b)(1) All moneys and other personal property of any member other than that described in Section 1035 shall, upon the death of the member, in the absence of a spouse, domestic partner, children, grandchildren, or father or mother, pass and descend to and become the property of the state for credit to the Morale, Welfare, and Recreation Fund. If the total value of that property in the State of California over and above any amounts due the veteran for services in the Armed Forces of the United States or from any other employment does not exceed fifteen thousand dollars ($15,000), the home may, without procuring letters

of administration or awaiting probate of any will, collect any money due the decedent, receive the property of the decedent and have any evidences of interest, indebtedness, or right transferred to it upon furnishing the person, representative, corporation, official, or body owning the money, having custody of that property, or acting as registrar or transfer agent of the evidence of that interest, indebtedness, or right, with an affidavit showing the right of the home to receive that money or property or to have those evidences transferred. The receipt of the home shall constitute sufficient acquittance for any payment of money or delivery of property made pursuant to this section and shall fully discharge the person, representative, corporation, officer, or body from any further liability with reference thereto, without the necessity of inquiring into the truth of any of the facts stated in the affidavit. However, the payment or transfer does not preclude administration when necessary to enforce payment of

the decedent’s debts, and the administrator may, upon proof determined to be sufficient, pay those debts directly and without administration.

(2)This subdivision shall apply only to veterans, spouses, and domestic partners who have become members of a home prior to January 1, 1984.

(c)For the purpose of application to this section of the provisions of the Probate Code governing distribution of property, the home shall be deemed to be a beneficiary of the decedent.

§ 1035.1

Amended by Stats. 2017, Ch. 28, Sec. 64. (SB 96) Effective June 27, 2017.

(a)(1) A will executed by a member who was a member of a home at the time of death, whether executed prior or subsequent to January 1, 1984, which purports to leave any part of the member’s estate to an officer or employee of a home, unless that officer or employee would be eligible to take by intestate succession under the probate laws of this state, is void as to that provision.

(2)This subdivision shall apply only to veterans, spouses, and domestic partners becoming members of a home on or after January 1, 1984.

(b)(1) A will heretofore or hereafter executed by a member, whether executed before or after

admission to a home, shall not be valid as to any provision therein contained which purports to dispose, either directly or indirectly, of moneys or personal property to other than the spouse, domestic partner, children, grandchildren, or father or mother of the member. This section does not apply to any veteran, spouse, or domestic partner who is not a member of a home at the time of death.

(2)This subdivision shall apply only to veterans, spouses, or domestic partners who became members of a home prior to January 1, 1984.

§ 1035.2