Md. Code Regs. 35.04.01.02

Current through Register Vol. 51, No. 18, September 6, 2024

Section 35.04.01.02 - Eligibility Requirements

A. The following individuals are eligible for admission:

(1) A Maryland veteran, 62 years old or older, who:

(a) Served on full time active duty in the U.S. Armed Forces, other than active duty for training, and was discharged or released under honorable conditions; and

(b) Has documented residence in the State as follows:

(i) 90 days residence in the State immediately preceding admission to the nursing home;

(ii) 2 years residence in the State immediately preceding admission to the assisted living unit, to be eligible to receive a State subsidy;

(iii) 90 days residence in the State immediately preceding admission to the assisted living unit, if there is no cost to the State until the 2-year residence requirement has been met; or

(iv) The veteran's DD Form 214 or other discharge document contains a Maryland address as the "Permanent Address" or "Home of Record";

(2) Certain members of a reserve component of the U.S. Armed Forces who meet the legal residence requirements; and

(3) Certain nonveteran spouses of veterans eligible to be admitted to Charlotte Hall, provided the nonveteran spouses are at no cost to the State, except for Medicaid.

B. A resident under §A(1)(b)(iii) of this regulation shall be able to pay in full for all care and services until the 2-year residency is met.

C. Individuals not eligible for admission are:

(1) An individual whose only separation from one of the U.S. Armed Forces was other than honorable;

(2) An individual ordered to report to an induction station who was not actually inducted into the military service;

(3) An individual convicted of subversive activities after September 1, 1959, against the United States, except that eligibility shall be reinstated if a pardon is granted by the President of the United States;

(4) An individual younger than 62 years old, unless the individual is:

(a) Disabled and unable to work through no fault of the individual; and

(b) Receiving disability benefits from either Social Security or the U.S. Veterans' Benefits Administration, with a U.S. Veterans' Benefits Administration disability award being 70 percent or higher, of which at least one award must be 40 percent or greater;

(5) A nonveteran spouse of a veteran not eligible for admission to Charlotte Hall;

(6) A nonveteran spouse who cannot provide proof of legal marriage to a veteran who is eligible for admission;

(7) A divorced or former nonveteran spouse of a veteran eligible for admission;

(8) A nonveteran spouse that cannot pay for care, has no insurance, or is not eligible for Medicaid;

(9) A nonveteran spouse that is not 62 years old or older;

(10) An individual with medical or mental conditions beyond the Home's capability to care for the individual;

(11) An individual with:

(a) A history of acts of violence, theft, addictive substance use or abuse, sexual offenses; or

(b) Either pending criminal charges or pending civil, administrative, or institutional complaints for one or more of the acts in §C(11)(a) of this regulation;

(12) An individual who has abused alcohol or other substances, that has not successfully completed a structured, residential rehabilitative program at least 21 days in length, either after the individual's last substance use or immediately before the individual's admission, if admitted; and

(13) An individual who for any reason may pose an unacceptable level of danger to other residents if admitted.

D. Establishing Admission Eligibility. An individual's status as a veteran, legal residence within Maryland, age, or disability, or status as the legal nonveteran spouse of an eligible veteran, must be established by specific and substantial evidence before an applicant may be admitted.

E. Evidence of Qualifying Military Service. One or more of the following documents constitute acceptable evidence of qualifying military service:

(1) Military discharge records, such as a DD Form 214 or WD AGO Form 53-55;

(2) A document issued by the National Personnel Records Center that carries the weight of an official discharge document;

(3) A document, or State record, that establishes honorable, active duty service in the U.S. Armed Forces, other than for training;

(4) A report of retirement points credited to members of a reserve component of the U.S. Armed Forces; or

(5) Certification issued by the Services Program of the Department.

F. Evidence of Maryland Residence.

(1) The applicant shall establish that the applicant was a resident of Maryland for the stipulated minimum periods of time before admission, or the veteran's DD Form 214 or other discharge document shall contain a Maryland address as the "Permanent Address" or "Home of Record".

(2) Residency may be confirmed in one of the following manners:

(a) Military records, such as a DD Form 214, which establish a Maryland home of record at the time of entrance into military service; or

(b) Draft board records, or State records, establishing legal residence at time of entrance into military service.

(3) Proof of legal residence to qualify for admission may also be met by providing at least two of the following, in the applicant's name and showing the Maryland address:

(a) A current valid Maryland driver's license with an appropriate date of issue;

(b) Certified copies of Maryland income tax returns, filed by the veteran in the most recent year or years preceding admission;

(c) A current voter's registration card;

(d) The records of a nursing home, hospital, or institution where the veteran may have been a patient immediately preceding admission;

(e) First class mail from federal or State government agencies, including the postmarked envelope;

(f) Maryland vehicle registration card or title;

(g) Utility, telephone, cable television, and Internet service bills;

(h) Checking or savings account statement, from a bank or credit union, including canceled checks with imprinted name and address;

(i) Life, car, health, or homeowner's insurance card, bill, or policy;

(j) Residential rental contract;

(k) Major credit card bills;

(l) Installment loan contract from a bank or other financial institution;

(m) Sales tax or business license;

(n) U.S. savings bond;

(o) Residential service contract, for example, television repair, lawn service, or exterminator contract;

(p) W-2 form from the most recent tax year or years preceding admission;

(q) Paychecks or pay stubs issued immediately preceding admission;

(r) Retirement plan statements; or

(s) Any other substantial evidence that may establish the required residency, at the discretion of the Home.

(4) If the military record in §F(2)(a) of this regulation contains only a permanent mailing address, place of entry, or place of discharge, residence shall be proved in another manner.

G. Burden of Proof in Establishing Eligibility. The burden of proof in establishing eligibility for admission to Charlotte Hall is upon the applicant, the applicant's responsible party, next-of-kin, or legal representative, or the individual making application on behalf of the applicant.

H. Right to Appeal Eligibility Determinations. The applicant, or the applicant's responsible party, or legal representative, may appeal a decision concerning eligibility of an applicant for admission to Charlotte Hall. The appeal shall be in writing and submitted to the Director, Veterans' Home Program, Charlotte Hall Veterans' Home, within 10 working days of notification of ineligibility to be admitted. If the applicant desires to appeal the Director of the Veterans' Home Program's appeal decision, the next and final appeal must be submitted in writing to the Secretary within 10 working days of the Director of the Veterans' Home Program's decision. This appeal shall be heard by the Secretary or the Secretary's designee.

I. In order to be considered for admission to Charlotte Hall Veterans' Home, a veteran shall:

(1) Have had active duty service in the U.S. Armed Forces, the Commissioned Corps of the Public Health Service, or the Commissioned Corps of the National Oceanic and Atmospheric Administration at any time;

(2) Have been discharged under honorable conditions;

(3) Be incapable of earning a living because of age, disease, or disability;

(4) Be a resident of Maryland pursuant to §§A(1)(b) and F of this regulation; and

(5) If applicable, provide a copy of DD Form 214, including Part IV.

Md. Code Regs. 35.04.01.02

Regulations .02 adopted effective August 11, 2008 (35:16 Md. R. 1392)