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-.04 - Responsibilities
Universal Citation: GA Rules and Regs r 690-1-.04
Current through Rules and Regulations filed through June 21, 2023
(1) Veterans Service Board.
(a) The Veterans
Service Board is responsible to provide by rule and regulation for a reasonable
fee for residency in and services provided by SVHs (O.C.G.A. §
38-4-56). This Chapter complies
with this requirement.
(b)
Delegations.
1. The Veterans Service Board
delegates to the Commissioner of Veterans Service, or his designee, the
authority to periodically adjust the value of the Daily Fee to be charged to
the veteran patients of the SVHs, when the adjustment is related to a change to
the value of the VA's A&A benefit.
2. The Veterans Service Board delegates to
the Commissioner of Veterans Service the authority to periodically adjust the
value of the annual Poverty Guidelines based on periodic adjustments from the
U.S. Department of Health and Human Services Poverty Guidelines for the 48
Contiguous States and the District of Columbia to be used as the basis to
determine eligibility to request a waiver from paying the Daily Fee.
(c) The Veterans Service Board
retains approval authority for adjustments to the Daily Fee that are not
related to periodic adjustments by the VA to the VA's A&A
benefit.
(2) Commissioner of Veterans Service.
(a) The Commissioner of Veterans Service is
responsible for the actual duty of executing the policies outlined in this
Chapter and directing the day-to-day activities of the Department in the
carrying out and furtherance of this Chapter (O.C.G.A. §
38-4-1; et.seq.).
(b) Delegated Authorities.
1. The Veterans Service Board has delegated
to the Commissioner of Veterans Service the authority to periodically adjust
the value of the Daily Fee to be charged to the veteran patients of the SVHs
when the adjustment is related to a change to the value of the VA's A&A
benefit. The Commissioner of Veterans Service will notify the veteran patients
of changes in amount of the Daily Fee 30 days prior to implementing the
adjustment.
2. The Veterans Service
Board has delegated to the Commissioner of Veterans Service the authority to
periodically adjust the value of the annual Poverty Guidelines based on
periodic adjustments from the U.S. Department of Health and Human Services
Poverty Guidelines for the 48 Contiguous States and the District of Columbia to
be used as the basis for applying for a waiver for paying the Daily Fee. The
Commissioner of Veterans Service will notify the veteran patients of the
changes in amounts of the Poverty Guidelines 30 days prior to implementing the
change.
3. The Commissioner of
Veterans Service will inform the Veterans Service Board in writing of all such
adjustments, as information for the board 60 days prior to the implementation
of the adjusted Daily Fee and/or the adjusted Poverty Guidelines.
(c) The Commissioner of Veterans
Service, or designee, is authorized to approve/ disapprove appeals of
disapprovals of waivers to payment of the Daily Fee made by Executive Directors
of the SVHs.
(d) The Commissioner
of Veterans Service, or designee, will approve local policies and procedures of
the SVHs, submitted by the Executive Directors of the SVHs related to the
invoicing and collecting of fees from veteran patients.
(e) The Commissioner of Veterans Service, or
designee, will approve forms and formats to be used for the administration of
this Chapter.
(3) Veterans Field Service Offices at SVHs.
(a) VFSOs will assist veteran patients of the
SVHs with the filing claims for the VA's A&A benefit. Applications to claim
the VA's A&A benefits will be filed on or before the days of admission to
the SVHs; however, wherever possible on or before 14 days following admissions
to the homes.
(b) VFSOs will assist
the Executive Directors of the SVHs in evaluating applications for waivers from
paying the Daily Fees.
(c) VSFOs
will provide other assistance and service to the veteran patients and their
immediate families (responsible parties) and the SVHs related to the
administration of this Chapter.
(4) State Veterans' Homes (SVHs).
(a) The
approval/disapproval of waiver requests is vested with the Executive Directors
of the SVHs, after consultation with the staffs of the VFSOs located at the
SVHs.
(b) Collecting the Daily Fees
paid by the veteran patients and depositing them into the appropriate bank
account and reporting the deposits to the Department's accounting and budgeting
functions.
(c) Counsel with and
inform veteran patients and their immediate family members (responsible
parties) and prospective veterans applying for admission to the SVHs and their
immediate family members (responsible parties) on their responsibilities for
paying the Daily Fee and the potential actions failure to comply with payment
requirements will have on their abilities to continue their residencies at the
SVHs, to include the possibility of permanent discharge from the SVHs and/or
legal actions to collect unpaid amounts.
(d) Develop in conformity with this Chapter
and implement local policies and procedures to carry out this Chapter. Prior to
implementation, the Executive Directors of the SVHs will submit them for the
approval of the Commissioner of Veterans Service, or designee.
(5) Department of Veterans Service Accounting and Budgeting Functions.
(a) Budgeting: Projected revenues from the
collection of the Daily Fees will be budgeted into the Department's operating
budget for the respective fiscal programs of the SVHs in accordance with budget
guidance published periodically by the Governor's Office of Planning and
Budget.
(b) Amending-in of funds
for budgetary purposes: Funds collected by SVHs from Daily Fees will be amended
into the Department's operating budget for the respective fiscal programs of
the SVHs in accordance with budget guidance published periodically by the
Governor's Office of Planning and Budget. The Commissioner of Veterans Service
will provide spending authority to the SVHs, or designee, for the use of the
funds collected for the purpose of providing residency in and services by the
SVHs to the veteran patients. Authorized purposes include:
1. Direct veteran patients' residency and
services; and
2. Routine
maintenance and operations related thereto.
(c) Bank accounts: Bank accounts for the
purpose of depositing the Daily Fees paid by the veteran patients will be
established. The SVHs will have the ability to deposit funds into these
accounts. The SVHs will not be able to draw funds out of these accounts;
however, the Department will be able to do so. These accounts will be
established and maintained in accordance with the guidance periodically
provided by the Office of the Treasury, State Accounting Office and the
Governor's Office of Planning and Budget.
(d) Accounting for spending: Regular state
accounting rules will be followed for the receipt, retention and expenditures
of the funds collected from the veteran patients in payment of the Daily
Fees.
(6) Veteran Patients at the SVHs and Immediate Family Members.
(a) The veteran
patients and their immediate family members (responsible parties) are
responsible to pay the Daily Fees within the time frames specified in this
Chapter.
(b) Failure to comply with
the Daily Fees payment requirements provided in this Chapter will subject the
veteran patients to permanent discharge from the SVHs in accordance with the
policies provided for in this Chapter and potential legal action in the
appropriate courts of proper jurisdiction to enforce collection of Daily Fees
owed but not paid.
(c) If eligible,
request waivers from paying the Daily Fees in accordance with the guidance
provided in this Chapter. In this regard the veteran patients at the SVHs and
immediate family members (responsible parties) will keep SVHs and the VFSOs at
the SVHs informed of their current fiscal status and other pertinent
information related thereto on at least an annual basis or more often, as
necessary.
(d) Apply for VA's
A&A benefit upon admission to the SVHs and annually, or more often,
thereafter for the duration of their residencies in the SVHs.
O.C.G.A. §§ 38-4-56; 38-4-1 et.seq.
New Rule entitled, "Responsibilities" adopted. F. Nov. 1, 2012; eff. Nov. 21, 2012.
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