| (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. |
| Source Note: The provisions of this §176.7 adopted to be effective November 24, 1997, 22 TexReg 11092; amended to be effective May 18, 2000, 25 TexReg 4353; amended to be effective April 12, 2001, 26 TexReg 2750; amended to be effective August 4, 2005, 30 TexReg 4335; amended to be effective March 19, 2008, 33 TexReg 2320; amended to be effective December 21, 2010, 35 TexReg 11391 |
