CHAPTER 9A. VETERANS' AFFAIRS.
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 a home for qualified veterans. 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
meets the requirements under federal regulations and laws.
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 of enlistment.
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
§9A-2-2. Funds collected from the federal government; others
sources; use of funds.
The division of veterans' affairs is hereby authorized and
directed to receive moneys from the federal government, 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, expenditures for improvement and
renovation of physical facilities, personal care costs and medical,
nursing and dental services.
The money so collected shall be placed in special accounts
according to the source of funds and limitation on the use of the
funds. These accounts shall be administered by the director of the
West Virginia division of veterans' affairs. 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 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 division. These funds shall only be
used as directed or restricted by the source of the funds.
§9A-2-3. Powers of division of veterans' affairs.
The 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. 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, notwithstanding
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.
Acts, 1975 Reg. Sess., Ch. 211.