2023 -- H 5617

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE -- RHODE ISLAND VETERANS'

HOME

     Introduced By: Representatives Azzinaro, Fellela, Kennedy, Shallcross Smith, Place,
Solomon, Casimiro, Serpa, Casey, and Noret

     Date Introduced: February 15, 2023

     Referred To: House Veterans` Affairs

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 30-24-10 of the General Laws in Chapter 30-24 entitled "Rhode

Island Veterans’ Home" is hereby amended to read as follows:

     30-24-10. Admissible to home — Fees.

     (a)(1) Any person who has served in the army, navy, marine corps, coast guard, or air force

of the United States for a period of ninety (90) days or more and that period began or ended during

any foreign war in which the United States shall have been engaged or in any expedition or

campaign for which the United States government issues a campaign medal, and who was

honorably discharged from it not less than two (2) years, and whose service was honorably

discharged, any veteran of any conflict or undeclared war who has earned a campaign ribbon or

expeditionary medal for service in either a declared or undeclared war as noted on the veterans'

DD-214, and any persons who are honorably discharged after completion of at least twenty (20)

years of service in the Rhode Island National Guard or a reserve component, and who shall be

deemed to be in need of care provided at the Rhode Island veterans’ home, may be admitted to that

facility subject to such rules and regulations as shall be adopted by the director of human services

the office of veterans services to govern the admission of applicants to the facility. Any person who

has served in the armed forces of the United States designated herein and otherwise qualified, who

has served less than the ninety-day (90) two (2) year period described in this section, and who was

honorably discharged from service, and who, as a result of the service, acquired a service-connected

disability or disease, may be admitted. For the purpose of computing services under this section,

honorable service in the active forces or reserves shall be considered towards the twenty (20) years.

No person shall be admitted to the facility unless the person has been accredited to the enlistment

or induction quota of the state or has resided in the state for at least two (2) consecutive years next

prior to the date of the application for admission to the facility.

     (2) One year after passage of this subsection, war veterans, defined as any veteran of any

conflict or undeclared war who has earned a campaign ribbon, or expeditionary medal for service

in either a declared or undeclared war as noted on the veterans' DD-214, shall be given priority for

admission above all other eligible veterans. To the extent that there are veterans unsuccessfully

claiming to be war veterans under the definition herein due to the undocumented nature of their

service, the director of the office of veterans services is granted the authority to waive the within

requirements only if the veteran provides that office with clear and convincing evidence that he or

she was a combat veteran. The director shall maintain two (2) separate waiting lists, one for war

veterans and one for non-war veterans. No non-war veteran may be admitted until the waiting list

of war veterans is depleted. Veterans on the waiting list on the effective date of this subsection shall

remain eligible for admission.

      (b)(1) The director shall, at the end of each fiscal year, determine the net, per-diem

expenses of maintenance of residents in the facility and shall assess against each resident who has

“net income”, as defined in this section, a fee equal to eighty percent (80%) of the resident’s net

income, provided that fee shall not exceed the actual cost of care and maintenance for the resident;

and provided that an amount equal to twenty percent (20%) of the maintenance fee assessed shall

be allocated to, and deposited in, the veterans’ restricted account. For the purposes of this section,

“net income” is defined as gross income minus applicable federal and state taxes and minus:

     (i) An amount equal to one hundred fifty dollars ($150) per month of residency and fifty

percent (50%) of any sum received due to wounds incurred under battle conditions for which the

resident received the purple heart; and

     (ii) The amount paid by a resident for the support and maintenance of his or her spouse,

parent(s), minor child(ren), or child(ren) who is/are blind or permanently and totally disabled as

defined in title XVI of the Federal Social Security Act, 42 U.S.C. §§ 1381 — 1383d, subject to a

maximum amount to be determined by rules and regulations as shall be adopted by the director.

     (2) The fees shall be paid monthly to the home and any failure to make payment when due

shall be cause for dismissal from the facility. Prior to dismissal, the resident shall be afforded

administrative due process.

     (c) Admissions to the veterans’ home shall be made without discrimination as to race,

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color, national origin, religion, sex, disability, marital status, age, sexual orientation, gender identity

or expression, assets, or income.

     (d) Laundry services shall be provided to the residents of the Rhode Island veterans’ home

at no charge to the residents, with such funds to cover the cost of providing laundry services for

residents of the Rhode Island veterans’ home derived from monies appropriated to the department

of human services.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE -- RHODE ISLAND VETERANS'

HOME

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     This act would change the service eligibility requirement for a veteran to be granted

admission into the Rhode Island Veterans' Home from ninety (90) days to two (2) years, and one

year after passage would place veterans who are defined as war veterans on a separate waiting list

for admission to the Veterans' Home before non-war veterans.

     This act would take effect upon passage.

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