H. B. 2820
(By Mr. Speaker, Mr. Chambers, and Delegates Leach, Bennett,
J. Martin, Linch, Willison and Everson)
(Originating in the House Committee on Finance)
[March 2, 1995]
A BILL to amend and reenact sections one, two and three, article
two, chapter nine-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
to the veterans home in Barboursville and its ability to
meet state and federal funding requirements.
Be it enacted by the Legislature of West Virginia:
That sections one, two and three, article two, chapter
nine-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all to read as
ARTICLE 2. STATE HOMES FOR VETERANS.
§9A-2-1. State homes for veterans.
In consultation with the governor and other appropriate
state agencies, the division of veterans' affairs shall establish and maintain
throughout the state a home or homes for
qualified veterans. The present Soldiers Home at Weston State
Hospital shall be reidentified as Veterans Unit of Weston State
Hospital and continued as formerly constituted. The home in
Barboursville shall be designated as the sole veterans home of
its type in the state. As used in this article the term
"qualified veteran" means a veteran as determined by the
division of veterans' affairs, who (a) Is ambulatory and is able
to attend to his personal needs, dress himself and attend a
general mess; (b) served on active duty in the armed forces of
the United States of America or a nation allied therewith; and
(c) was discharged or separated with an honorable discharge or
with a general discharge under honorable conditions. meets the requirements under federal
regulations and laws.
A veteran who meets conditions (b) and (c) but due to
worsening conditions of health cannot meet condition (a), and
therefore requires a higher level of health care, shall be deemed
a qualified veteran.
Any individual enlisting for the first time on or after the
eighth day of September, one thousand nine hundred eighty, who
fails to complete at least twenty-four months of his or her
enlistment is not eligible for any right, privilege or benefit for which eligibility is based on active duty in the armed
forces. This provision does not apply when a person: (a) Is
discharged because of hardship; (b) is retired or separated
because of disability; or (c) is later determined to have a
service connected disability incurred during a completed period
In the event that a residential vacancy exists at any
veterans home or facility created and established pursuant to
this article, a veteran who has been a resident of the state of
West Virginia for one year or more prior to filing for admission
shall be given preference in filling such residential vacancy
over nonresident veterans.
§9A-2-2. Funds collected from the federal government; other
sources; use of funds.
department division of veterans' affairs is hereby
authorized and directed to receive moneys from the federal
government, or any agency thereof, from state appropriations,
from resident contributions or from any other appropriate source,
for the purpose of maintaining the state veterans' home at
Barboursville, which purpose shall include, but not limited to
any funds appropriated, expended or disbursed for the purpose of
effectuating veterans' benefits or veterans' programs, including,
but not limited to, expenditures for improvement and renovation of physical facilities, personal care costs and medical, nursing
and dental services.
The money so collected
from the governmental agency as
federal aid and money appropriated by the Legislature shall be
placed in a special accounts according to the source of funds and
limitation on the use of the funds. to be known as the "veterans'
fund. This These fund accounts shall be administered by the
director of the West Virginia department division of veterans'
affairs. The fund These funds shall be deposited in the state
treasury and paid out only on such vouchers as may be authorized
and approved by the director of the West Virginia department
division of veterans' affairs, in the same manner and under the
same restrictions as are now provided by law for the disbursement
of funds by that department division. These funds shall only be
used as directed or restricted by the source of the funds. At
the discretion of the West Virginia department of veterans'
affairs, these funds may be used as follows: (1) For the erection
or the improvement and renovation of suitable buildings for the
care of qualified veterans; or (2) in any manner deemed expedient
by the director of the West Virginia department of veterans'
affairs for the benefit of qualified veterans§9A-2-3. Powers of division of veterans' affairs.
department division of veterans' affairs is authorized
and empowered to establish rules and regulations providing for
the tenure, treatment, eligibility and discharge of eligible
veterans at the veterans' home. which such rules and regulations
shall not be inconsistent with the provisions of this article.
The rules shall be promulgated to ensure that the division, in
carrying out its duties shall comply with all federal
requirements imposed on such a facility. Moreover not
withstanding any code provisions to the contrary rules shall be
promulgated that: (1) Meet federal standards for domiciliary
care; (2) define domiciliary; (3) define admittance to comply
with state and federal requirements including current West
Virginia resident or enlisted in service from West Virginia, war
time service or service during a declared national emergency,
Veterans Administration eligibility requirements for per diem,
honorably discharged, suffering from a disability due to age,
disease or defect that prevents them from earning a living.