400 Neb. Admin. Code, ch. 6, § 003

Current through June 17, 2024
Section 400-6-003 - MEMBER CONTRIBUTIONS
003.01 The Board will determine the Veterans' Home's maximum member contribution. The maximum member contribution is the standard monthly rate to defray the cost of a member's care, support, and treatment in a Home as determined by the Board considering factors the Department and the Board deem relevant.
003.02 Any change in the maximum member contribution will be posted in places in the Homes accessible to members at least thirty (30) days before the effective date of a rate change. If a member or his or her legal representative has provided the Home's Administrator a written designation of the name and address of a person to receive notice on behalf of the member, the Administrator or his or her designee will mail notice of the change in the maximum member contribution to the designated person at least thirty (30) days prior to the effective date of the change.
003.03 Member contributions are due and payable in advance of each month, on or before the last business day of the preceding month and are delinquent if not paid when due.
003.04 If a member's monthly member contribution has not been paid in full within sixty (60) days of the due date, the Department may refer the member's account for collection and the member may be discharged.
003.05 A member's monthly member contribution is based on his or her income and assets and applicable allowances as prescribed by the Board. Each member is liable for:
003.05A The maximum member contribution if his or her assets, after allowances established by the Board, equal or exceed in value the maximum asset level set by the Board; or
003.05B The amount by which the member's income exceeds allowances established by the Board if the total value of a member's assets, after allowances established by the Board, is less than the maximum asset level set by the Board.
003.06 A member who is successful in restorative and rehabilitation efforts who wishes to discharge to a less restrictive setting, such as independent living, will be allowed to be employed outside the Home for up to four (4) complete months without that income being counted toward the member contribution. The income from this employment will be escrowed to assist the member in his or her transition to independent living.
003.07 A monthly deduction may not be given for a spouse or dependent in a private or public facility when payment for his or her care is from public funding.
003.08 A member's individual member contribution will be reviewed and recalculated annually and may be recalculated in between annual recalculation in the event of a change in assets or income.
003.08A If an asset increase causes the member's assets, after allowances established by the Board, to equal or exceed in value the maximum asset level set by the Board, the member will be charged the maximum member contribution for each month that the maximum asset level is equaled or exceeded at any time during that month. If not effective sooner due to a determination that the increased member contribution should be effective retroactively, the effective date of a recalculation due to an income increase will be the first day of the month immediately following the month in which the increase in income occurs, and the effective date of a recalculation due to an asset increase will be the first day of the month immediately following acquisition of the asset.
003.09 A change in the financial circumstances of the member or his or her spouse, including but not limited to inheritance, back pay award, federal benefits or other assets, will be reported to the Business Office by the member, his or her spouse, other relative, legal representative or other fiduciary within ten (10) days of the occurrence of the change or receipt of notice of the change, whichever is earlier.
003.09A A member will apply for all state, federal, or private monetary benefits that would increase the member's overall income and assets. Any increase as a result will be applied to the member contribution. If there is a failure to apply for all such benefits, the member may be discharged.
003.10 The member contribution for a member absent from the Home for any reason other than hospitalization will not be decreased or otherwise affected unless the member requested discharge prior to leaving the Home, and completely vacated the Home consistent with his or her discharge request. The discharged member's application for readmission is subject to Chapter 6, Section 002 of this Title.
003.11 Any member who is dissatisfied with the member contribution he or she is paying may, at any time, request a review of the member's monthly member contribution by making a request in writing to the Business Office detailing the member's dissatisfaction with his or her member contribution and reasons supporting it.
003.11A If the member is not satisfied with the resolution provided by the Business Office of the review, the member may ask that the Secretary or his or her designee review the decision of the Business Office by making a request in writing to the Secretary.

400 Neb. Admin. Code, ch. 6, § 003

Adopted effective 9/20/2023