Compilation of Rules and Regulations of the State of Georgia › Department 690 - RULES OF GEORGIA DEPARTMENT OF VETERAN'S SERVICES › Chapter 690-1 - FEE FOR RESIDENCY IN A FACILITY OF THE GEORGIA STATE WAR VETERANS HOME › Rule 690-1-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
For purposes of this rule (Chapter 690-1-1) the following terms
				and words shall have the meanings provided in this chapter.
(1)
VA's A&A
			 Benefit
:
All veteran patients of SVHs are eligible to
			 receive the VA's A&A benefit (690-1-1-.01(2)) because they are patients in
			 skilled nursing homes/SVHs. The VA's A&A benefit is income based and is
			 dependent upon the amount of income veteran patients have. This determines how
			 much the value of the benefit is to be received by the veteran patients. In
			 other words, veteran patients eligible to receive the benefit may not receive a
			 cash payment of the benefit because they are "over income," up to the full
			 amount of the benefit for which they qualify based on their income
			 levels.
(2)
Admission Eligibility for Georgia's SVHs
:
Admission to and residency in Georgia's SVHs is available for the use and care
			 of disabled war veterans discharged under other than dishonorable conditions.
			 The term "war veterans" means any veterans who were discharged under other than
			 dishonorable conditions and who served on active duty in the armed forces of
			 the United States, or on active duty in a reserve component of the armed forces
			 of the United States, including the National Guard, during wartime or during
			 the period beginning January 31, 1955, and ending on May 7, 1975 (O.C.G.A
			 §
								38-4-50). However, a war veteran
			 shall not be eligible for admission to Georgia's SVHs unless such war veteran
			 has been a resident of this state for a period of at least five years
			 immediately prior to application for admission (O.C.G.A. §
								38-4-55). While payment of
			 approved fees by veteran patients is a requirement to be and to remain
			 residents of SVHs, O.C.G.A §
								38-4-56 does not create a new
			 criterion for admission to SVHs.
(3)
Daily
			 Fee
:
The Daily Fee is based on the value of the VA's
			 A&A benefit for a single veteran with no income, as determined by the
			 annual VA schedule. For purposes of this rule the daily value of the VA's
			 Pension with A&A benefit provided to a single veteran with no income, minus
			 the daily value of the pension for a single veteran with no income, times 12
			 months, divided by 365 days will equal the Daily Fee. Example:
X = ((Y - Z) x 12) / 365)
, where X is the
			 Daily Fee, Y is the value of the VA's pension with A&A monthly benefit for
			 a single veteran with no (zero) income, and Z is the value of the VA's monthly
			 pension for a single veteran with no (zero) income.
(4)
Federal Poverty
			 Guidelines
:
The
U.S. Department of Health and Human
			 Services Poverty Guidelines for the 48 Contiguous States and the District of
			 Columbia
is published periodically for use for various purposes. In
			 this Chapter these guidelines will serve as a basis for determining eligibility
			 to request a waiver from payment of the Daily Fee provided for in this Chapter.
			 As used in this Chapter, these guidelines reflect gross income before
			 deductions, taxes and other adjustments.
(5)
Residency
:
Veterans who reside at or live in
			 SVHs as patients and receive medical care and services provided by the SVHs are
			 considered residents of the SVHs and are subject to the payment of the Daily
			 Fee, as provided for in this chapter. Residency begins on the days of admission
			 of veterans to veteran patient status at the SVHs and ends when the veteran
			 patients are permanently discharged from the SVHs or their death at the SVHs.
			 Temporary discharges from the SVHs for medical or non-medical (leave) reasons
			 will not terminate the residency of the veteran patients.
(6)
70% Service Connected
			 Disabled Veteran Patients
:
Under current federal law, these
			 are veterans who have been rated by the VA as 70% Service Connected Disabled,
			 or higher, who are admitted as veteran patients of SVHs. Under current federal
			 law, the VA per-diem payments to SVHs for the residency and care of these
			 veteran patients in SVHs is payment in full; thus, based on this status Daily
			 Fees cannot be charged to these veteran patients.
(7)
State Veterans' Home
			 (SVH)
:
This encompassing term is used in this Chapter and
			 includes other similar terms, such as, State War Veterans Home, a facility of
			 the State War Veterans Home, Georgia State War Veterans Home, etc.
(8)
Substantial
			 Hardship
:
For purposes of this rule
substantial
			 hardship
means a significant, unique, considerable in degree and large
			 demonstrable economic suffering, adversity or misfortune to the veteran
			 patients requesting waivers and/or their families, which impair the ability of
			 the veteran patients and/or their families to provide for their economic
			 viability.
(9)
U.S. Department of Veterans Affairs (VA)
:
As
			 used in this Chapter, the VA is the agency of the federal government that
			 administers federal benefits for veterans, as provided for in federal law and
			 rules and regulations. The federal benefits include, but are not limited to,
			 the Aid and Attendance (A&A) benefit, compensation for service connected
			 veterans, pensions for certain other veterans and per diem payments for a
			 portion of the operating costs of SVHs.
(10)
Veteran
			 Patient
:
As used in this Chapter, a veteran patient is a
			 veteran who is a patient residing in and receiving medical services from a
			 SVH.
(11)
Veterans Field Service Offices and Veterans Field Service Officers
			 (VFSO)
:
The Department of Veterans Service operates field
			 service offices located at each of the SVHs, as well as other locations
			 throughout the State of Georgia. Each of the field service offices is staffed
			 with one or more field service officers. As used in this Chapter, the
			 abbreviation
"VFSO"
may indicate either the field service
			 offices or field service officers and the context of the sentence or paragraph
			 will determine which usage of the abbreviation is being observed.
(12)
Waiver
:
Waiver means a decision by an the SVHs,
			 or the Department of Veterans Service, based on substantial hardship, not to
			 charge all or part of the Daily Fee to a veteran patient who is subject to this
			 rule.
O.C.G.A. §§
									38-4-50;
				  38-4-51;
				  38-4-55;
				  38-4-56.