Rule 690-1-.04 - Responsibilities(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.Ga. Comp. R. & Regs. R. 690-1-.04
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.