Chapter 301

2005 -- H 5098 SUBSTITUTE A AS AMENDED

Enacted 07/15/05

A N A C T

RELATING TO MILITARY AFFAIRS - VETERANS' HOME

Introduced By: Representatives Gallison, Carter, Anguilla, Landroche, and Malik

Date Introduced: January 13, 2005

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) 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, 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 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 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. 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.

      (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. sections 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,

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 on October 1, 2005.     

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LC00104/SUB A/2

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