Current through Reg. 49, No. 12; March 22, 2024
(a) The purpose
of this section is to set forth the requirements for admittance of applicants
to a SVH. USDVA requires that the program only admit to a SVH those applicants
who satisfy all medical, financial, and military service requirements set forth
in USDVA regulations, as they are amended from time-to-time.
(b) For purposes of this section, the term
"veteran" means a person who satisfies the requirements of Title 40, Part 5,
Chapter 175, §175.2(c)(1) of the Texas Administrative Code relating to
Loan Eligibility Requirements, as amended from time-to-time.
(c) To be eligible for admission to a SVH, an
applicant must satisfy one of the following:
(1) be a veteran who:
(A) satisfies the USDVA guidelines and
regulations relating to the need for nursing home care; and
(B) is in one of the following categories:
(i) veterans with service-connected
disabilities;
(ii) veterans who are
former prisoners of war;
(iii)
veterans who were discharged or released from active military service for a
disability incurred or aggravated in the line of duty;
(iv) veterans who receive disability
compensation under
38
U.S.C.A. §1151;
(v) veterans whose entitlement to disability
compensation is suspended because of the receipt of retired pay;
(vi) veterans whose entitlement to disability
compensation is suspended pursuant to
38
U.S.C.A. §1151, but only to the extent
that such veterans' continuing eligibility for nursing home care is provided
for in the judgment or settlement described in
38
U.S.C.A. §1151;
(vii) veterans who USDVA determines are
unable to defray the expenses of necessary care as specified under
38
U.S.C.A.
§1722(a);
(viii) veterans of the Mexican border period
or of World War I;
(ix) veterans
solely seeking care for a disorder associated with exposure to a toxic
substance or radiation or for a disorder associated with service in the
Southwest Asia theater of operations during the Persian Gulf War, as provided
in
38
U.S.C.A. §1710(e);
or
(x) veterans who agree to pay to
the United States the applicable co-payment determined under
38
U.S.C.A. §1710(f) and
§
1710(g).
(2) is a spouse, or
surviving spouse, of a veteran if the spouse is at least eighteen (18) years of
age and has been a bona fide resident of Texas continuously for at least one
(1) year immediately before applying for admission; or
(3) is a parent, all of whose children died
while serving in the armed forces of the United States, and who has resided in
Texas continuously for at least one year immediately before applying for
admission.
(4) is a veteran
residing out of state who:
(A) resides
currently at an out-of-state nursing home;
(B) desires transfer to a SVH;
(C) is otherwise an eligible veteran under
this section but for the fact that they reside out-of-state;
(D) has not lived in Texas continuously for
at least one year immediately before applying for admission to a SVH; and can
be accommodated with a space in the desired SVH.
(d) The Board may establish, by
resolution from time-to-time, procedures for processing applications for
admission to each SVH. Based on the availability of space, the Board may also
establish a priority system for admitting applicants according to one or more
factors, including, but not limited to:
(1)
the priority of a veteran over the spouse or parent of a veteran;
(2) the necessity to comply with USDVA
regulations governing a SVH, including, but not limited to, the requirement
that 75 percent (75%) of a SVH's residents be veterans. However, if the
facility was constructed or renovated solely with State funds, only 50 percent
(50%) of the residents must be veterans;
(3) whether an applicant meets the
eligibility criteria in 40 TAC, Part 5, Chapter 175, §175.2 relating to
Loan Eligibility Requirements, and is thereby eligible for other Board
benefits;
(4) the date upon which
the application for admission was made;
(5) whether the applicant's spouse is also an
applicant or a current resident of a SVH;
(6) a request to transfer a resident from one
SVH to another to be nearer to family members;
(7) the level of medical treatment and care
required by the applicant;
(8) the
characteristics and extent of financial resources available to the applicant;
and
(9) such other criteria as the
Board may determine are in the best interest of the program.
