180-RICR-10-00-2. Rhode Island Veterans Home: Administrative Procedures for the Billing and Collection of Maintenance Fees (version Amendment, 01/01/2009 to 05/01/2009)

Effective January 2001 Last revised January, 2009 State of Rhode Island and Providence Plantations Department of Human Services RHODE ISLAND VETERANS HOME 480 Metacom Avenue Bristol, Rhode Island 02809 ADMINISTRATION PROCEDURES FOR THE BILLING AND COLLECTION OF MAINTENANCE FEES AT THE RHODE ISLAND VETERANS HOME INDEX FOREWORD 100 STATUTORY REQUIREMENTS 100A DOMICILIARY CARE PROGRAM FOR HOMELESS VETERANS (V.T.S.P) 101 FINANCIAL STATEMENT (BUS. 17)* 102 REVISED FINANCIAL STATEMENT (BUS. 17)* 103 GROSS INCOME DEFINED 104 DEDUCTIONS FROM GROSS INCOME 105 FEDERAL AND STATE TAXES 106 ONE HUNDRED FIFTY DOLLAR ($150) DEDUCTION 106A SPECIAL THERAPEUTIC PERSONAL NEEDS DEDUCTION 107 PURPLE HEART DEDUCTION 108 GUARDIANSHIP FEES 109 SUPPORT DEDUCTION (BUS. 18)* 110 VERIFICATION OF DATA 111 PER DIEM COST 112 MAINTENANCE FEES 113 NET INCOME 114 PAYMENT OF MAINTENANCE FEES 115 ADMISSION 116 HOSPITALIZED RESIDENTS 117 INTER-WARD TRANSFERS 118 RESIDENTS ON PASS, LEAVE, OR A.W.O.L. 119 DISCHARGES 120 FAILURE TO PAY MAINTENANCE FEES 121 RIGHTS OF APPEAL *FINANCIAL STATEMENT FORM (BUS. 17) *SUPPORTED PERSONS STATEMENT OF INCOME FORM (BUS. 18) 1/07 FOREWORD The Director of the Department of Human Services is authorized under Chapter 24, Section 30-24-2 and 30-24-10 of the General Laws of Rhode Island to establish appropriate rules and regulations governing the maintenance fees at the Rhode Island Veterans' Home. The Associate Director of the Rhode Island Veterans' Home is the responsible person delegated by the Director of the Department of Human Services to administer said rules and regulations for the billing and collection of maintenance fees at the Rhode Island Veterans' Home. Admission to the Rhode Island Veterans Home shall be made without discrimination as to race, color, national origin, religion, sex, disability, marital status, age, sexual orientation, gender identity or expression, assets, or income. In accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); The Food Stamp Act; the Age Discrimination Act of 1975; the U.S. Department of Health and Human Services implementing regulations (45 C.F.R. Parts 80 and 84); the U.S. Department of Education implementing regulations (34 C.F.R. Parts 104 and 106); and the U.S. Department of Agriculture, Food and Nutrition Services (7 C.F.R. 272.6); the Rhode Island Department of Human Services (DHS), does not discriminate on the basis of race, color, national origin (Limited English Proficiency persons), age, sex, disability, religion, or political beliefs, in acceptance for or provision of services, employment or treatment, in its educational and other programs and activities. Under other provisions of applicable law, DHS does not discriminate on the basis of sexual orientation, gender identity or expression. For further information about these laws, regulations and DHS’ discrimination complaint procedures for resolution of complaints of discrimination, contact DHS at 600 New London Avenue, Cranston, RI 02920, telephone number 462-2130 (for hearing impaired 462-6239 or 711). The Community Relations Liaison Officer is the coordinator for implementation of Title VI; the Office of Rehabilitation Services (ORS) Administrator or his/her designee is the coordinator for implementation of Title IX, Section 504, and ADA. The Director of DHS or his/her designee has the overall responsibility for DHS’ civil rights compliance. 100 - STATUTORY REQUIREMENTS 30-24-10 Veterans Admissible to Home - Fees the Director shall at the end of each fiscal year, determine the net per diem expenses of maintenance of residents in the facility and shall assess against each resident who has net income, as defined herein, a fee equal to eighty percent (80%) of the resident's net income, provided that such fee shall not exceed the actual cost of care and maintenance for such resident. Net income is defined as gross income minus applicable federal and state taxes and minus (1) an amount equal to one hundred fifty dollars ($150) per month of residency, (2) fifty percent (50%) of any sum received due to wounds incurred under battle conditions for which the resident received the Purple Heart,(3) the amount paid by a resident for the support and maintenance of his or her spouse, parent(s), minor child(ren), or child(ren)who is/are blind or permanently and totally disabled as defined in Title XVI of the Federal Social Security Act subject to a maximum amount to be determined by rules and regulations as shall be adopted by the Director. 07/04 100A-DOMICILIARY CARE PROGRAM FOR HOMELESS VETERANS (V.T.S.P. - Veterans Transitional Supportive Program) 30-24-10.1 The Director of the Department of Human Services is hereby authorized and empowered to establish and maintain a domiciliary care program for homeless veterans (Veterans Transitional Supportive Program, V.T.S.P) at the Rhode Island Veterans Home. Any veteran admitted to the Rhode Island Veterans Home pursuant to this section shall be exempt from the maintenance fee assessment established pursuant to section 30-24-10, provided, however, that the director shall assess against each veteran admitted under this program a monthly maintenance fee equal to ten percent (10%) of the veteran's monthly gross income, from whatever source derived and whether taxable or nontaxable. In addition there will also be additional beds called Extended V.T.S.P. beds to which a monthly maintenance fee of thirty percent (30%) of the veteran's monthly gross income, from whatever source derived and whether taxable or non-taxable, will be charged. Extended V.T.S.P. will be available to eligible veterans in the V.T.S.P. program, but occupancy will not exceed four (4) months. The maintenance fee shall be paid monthly to the Veterans Home and shall be deposited in the Veterans Home fund. Any failure to make payment when due shall be cause for dismissal from the facility. Prior to any dismissal for non-payment of fees, the veteran shall be afforded administrative due process 101 - FINANCIAL STATEMENT (Bus. 17) Each person shall upon admission to the Home file a financial statement (Form (Bus. 17). The financial statement (Form Bus. 17) shall be used as the basis to establish the resident's charge. It shall be the responsibility of the resident, guardian, or fiduciary to report to the Business Office of the Home any changes in income received for the resident within ten (10) days of receipt of such income. 12/98 102 - REVISED FINANCIAL STATEMENT (BUS. 17) Each resident shall file a revised financial statement between January 1 - 15 of each year. In addition thereto, each resident whose source or amount of income has changed shall complete a new financial statement within (10) days of receipt of such notice of change or of receipt of the income payments. The revised financial statement shall be used to reestablish the resident's monthly maintenance fee. 103 - GROSS INCOME DEFINED Gross income is defined as earnings, pensions, and other benefits and all other monies received, including but not limited to the following: 1. Old age survivors and disability insurance 2. Temporary disability insurance 3. Employment security benefits 4. Veterans administration benefits 5. Railroad retirement benefits 6. Civil Service annuity 7. Worker's compensation 8. Prizes (Monetary) 9. Awards (Monetary) 10. Inheritance (Monetary) 11. Gifts (Monetary) 12. Rents 13. Interest 14. Dividends 15. Royalties 16. Alimony 17. Insurance proceeds 18. Allotments 19. Military Retirement 20. Trust accounts 21. Refunds of Federal and State Taxes 22. Gains on sale of real and personal property including the sale of home 23. Any other source of income Retroactive benefits payments shall be subject to the maintenance fee for the period of time covered by the benefit award and shall be added to all other income previously reported for the benefits period. The Home will then recompute the maintenance fee previously determined for the benefit period and the resident will be billed for the full amount of any additional maintenance fee due for the benefit period. Interest and dividends shall be prorated over a 12-month period commencing with the first month of each calendar year based on the amount received by the resident during the previous 12 month period. All residents shall be required to apply for any income benefit to which the resident may be entitled. If requested by the Home, the resident or his/her guardian, conservator, or fiduciary shall authorize the Home to process the necessary application to secure such benefit. 10/00 104 - DEDUCTIONS FROM GROSS INCOME Prior to the determination and collection of any maintenance fee, the following deductions shall be allowed: l. Federal and State taxes. 2. An amount equal to $150 per month. 3. Patient Employee pay and therapeutic earnings. 4. Fifty percent (50%) of any sum received due to wounds incurred under battle conditions for which the resident received the Purple Heart. 5. Guardianship Fees. 6. Support allowance. 07/03 105 - FEDERAL AND STATE TAXES It shall be the responsibility of the resident to provide evidence of amounts paid for federal and state taxes by submitting to the Home's Business Office a true copy of the federal and state tax forms or submission of a canceled check or money order made payable to the federal and/or state governments for such taxes. Such amounts paid for federal and state taxes shall be deducted from gross income for the month in which the verification is submitted to the Home's Business Office prior to determining the maintenance fee. Any tax payments in excess of gross income in a particular month shall be carried forward and deducted from the following month(s) gross income. 106 - ONE HUNDRED FIFTY DOLLAR DEDUCTION An amount equal to one hundred fifty dollars ($150) per month shall be deducted from the resident's gross income prior to determining the maintenance fee and any patient employee pay. 07/03 106A-SPECIAL THERAPEUTIC PERSONAL NEEDS DEDUCTION Therapeutic employment in the public and private sector or sheltered workshops shall be subject to the maintenance fee as specified below. l. Such employment must be part of a written plan with the resident. 2. In addition to the basic personal needs (Section 106) of $150 allowed by state law an additional $85 plus one-half (1/2) the remainder of earned income per month may be protected for personal needs. The maximum combined personal needs deduction cannot exceed $330 per month. Example: $150 + $85 + ($129 maximum) = $330) 07/03 107 - PURPLE HEART DEDUCTION An amount equal to fifty percent (50%) of any sum received due to wounds incurred under battle conditions for which the resident received the Purple Heart shall be deducted from gross income prior to determining the maintenance fee. It is the responsibility of the resident to provide evidence such as the Purple Heart order or any service records which states that the Purple Heart was awarded to the resident. The Business Office will assist the resident in the verification of the Purple Heart Award. 03/91 108 - GUARDIANSHIP INCOME/FEES For purpose of these regulations "Guardianship Fees" shall mean: guardian fees, attorney fees, probate filing fees, and related expenses such as guardians, bonds. As state law requires the guardian to file an accounting each year with the appropriate court, it shall be the guardian's responsibility to submit a copy of said annual accounting to the Rhode Island Veterans' Home in the same month as approved by the court. From the accounting the guardianship fees as stated above shall be used to determine the amount to be subtracted each month from the resident's gross income. 109 - SUPPORT DEDUCTION (Bus. 18) 1. For purpose of determining the maintenance fee, there shall be deducted from the gross income the amount paid by a resident for the support and maintenance of his or her spouse, parent(s) or minor child(ren). This amount is subject to a maximum to be computed based on the supported person's income as related to the cost of living scale. (See Sec. 109). 2. For purpose of determining the maintenance fee, there shall be deducted from the gross income the amount paid by a resident for the support and maintenance of his or her adult child who is permanently and totally disabled as defined in Title XVI of the Federal Social Security Act, subject to a maximum amount to be computed based on the supported person's income as related to the adopted cost of living scale. a. Verification of Support l. The resident must have provided support prior to admission. 2. The resident and/or person to be supported must provide evidence as to manner/method, amount and beginning of support. b. Amount of Support 1. When the supported person's income is below the cost of living scale for the family size, the resident will be allowed a deduction in an amount that will, when added to the supported person's income, provide the supported person total income equal to the cost of living scale for the family size. a. Any support allowance authorized for a minor shall be provided to that responsible person having custody of the minor. b. A support allowance may not be authorized for any person who is confined to a private or public institution when payment for their care is from a public agency. 109 - SUPPORT DEDUCTION (Bus. 18 CONTINUED) When supported person(s) income is in excess of the cost of living scale, no deduction will be granted for that person. It shall be the responsibility of the resident to provide evidence of amounts paid for the support and maintenance of any person and to submit a supported person's statement of income (Bus. 18 for each person). COST OF LIVING SCALE NO. OF PERSONS TO BE SUPPORTED INCOME* MONTH INCOME ANNUALLY 1. $1,579.00 $18,949.00 2. 2,075.00 24,899.00 3. 2,751.00 33,012.00 4. 3,144.00 37,731.00 5. 3,805.00 45,660.00 6. 4,325.00 51,902.00 7. 4,717.00 56,604.00 8. 5,063.00 60,760.00 9. 5,445.00 65,339.00 10. 5,804.00 69,648.00 Based on family of four (4) and weighted for other size families - Using 2006 data updated 2008. Reference: U.S. Department of Labor Statistics Consumer Price Index for All Urban Consumers *Income as used in this instance means the gross earned or unearned income. Each resident shall file a revised supported persons Statement of Income (Bus. 18) annually between January 1 - 15. In addition, the resident shall file a revised supported persons Statement of Income (Bus. 18) for each person whose source or amount of income changes. 01/09 109 - SUPPORT DEDUCTION (BUS. 18) (CONTINUED) Any change in support status shall be reported immediately by the resident. Failure to report correct financial data of the supported person resulting in the determination/granting of an erroneous support allowance shall be cause for the discontinuance of the resident's support allowance. Any indebtedness owed the State of Rhode Island shall be paid in full or by other appropriate arrangements before a support allowance is authorized again. 110 - VERIFICATION OF DATA The Home reserves the right to verify and confirm any data from any agency or person having custody of such data the resident or dependant has submitted on the Financial Statement (Bus. 17) and/or the supported person's Statement of Income (Bus. 18) to insure the proper determination of the maintenance fee. 111 - PER DIEM COST The Director shall, at the end of each fiscal year (June 30), determine the net per diem expenses of maintenance of residents in the facility for nursing and domiciliary care which shall be used as the basis for all maintenance fees assessed during the twelve (12) month period commencing the following January 1 of each year. PER DIEM COST Fiscal Year Ending June 30, 2008 NURSING CARE (PER DAY) DOMICILIARY CARE (PER DAY) Actual Cost $271.73 Actual Cost $206.59 Less V.A. Allowance 70.29 Less V.A. Allowance 32.49 $201.44 $174.10 It shall be the responsibility of each resident or his/her fiduciary to see that his/her established maintenance fee is paid in full at the Home's business office on/or before the tenth (10th) calendar day of each month. 01/09 112 - MAINTENANCE FEES A fee equal to eighty percent (80%) of the resident's net income shall be assessed against each resident who net income provided that such fee shall not exceed the actual cost of care and maintenance for such residents. 7/04 113 - NET INCOME Net income is defined as gross income minus federal and state taxes, minus an amount equal to one hundred fifty dollars ($150) per month of residency, minus any patient employee pay, minus an amount equal to fifty percent (50%) of any sum received due to wounds incurred under battle conditions for which the resident received the Purple Heart, minus guardianship fees allowed in Section 108, and minus the amount paid by a resident for the support and maintenance of a dependent(s) subject to the maximum dependent deduction allowed in Section 109. 07/03 114 - PAYMENT OF MAINTENANCE FEES Each resident shall be billed on the first day of each month on Statement of Charges (Form 160) for the maintenance fee assessed for the current month of residency. A resident whose funds are on deposit with the Home's designated bank may sign an automatic withdrawal slip to have his/her maintenance fee automatically withdrawn from his/her account. Said resident shall not receive Form 160, Statement of Charges each month. Monthly maintenance fees in an amount under one dollar ($1.00) shall be exempt from the collections process. 115 - ADMISSION When a resident is admitted after the first day of the month, the first month's maintenance fee shall be based on the number of days remaining in the month including the day of admission. 116 - HOSPITALIZED RESIDENTS When a resident is hospitalized, his/her maintenance fee shall not be decreased, abated, or otherwise affected by the hospitalization unless the resident is discharged from the Home. However, if the hospitalized resident elects to relinquish a bed, that resident shall be discharged. Once the resident has been discharged he shall have the right to reapply for admission subject to the procedures for the application and admission of veterans to the Rhode Island Veterans Home. If no election to relinquish a bed is made by either the resident or his nominee within fifteen (15) days from the date of absence, the resident shall be maintained on the roles subject to the procedure for billing and collection of maintenance fees at the Rhode Island Veterans Home. 2/01 117 - INTER-WARD TRANSFERS Should a resident be transferred from one area of care to another, his/her maximum maintenance fee charge shall be adjusted to reflect the area of care the resident is receiving. The new rate shall take effect the day after the transfer. 118 - RESIDENT ON PASS, LEAVE, OR AWOL The maintenance fee for a resident who is absent from the Home on pass, extended leave or absent without official leave (AWOL) shall not be decreased, abated, or otherwise affected unless the resident is discharged from the Home. If such resident chooses to relinquish a bed, that resident will be discharged. Once the resident has been discharged he shall have the right to reapply for admission subject to the procedures for the application and admission of veterans to the Rhode Island Veterans' Home. If no election to relinquish a bed is made by either the resident or his nominee within fifteen (15) days from the date of absence, the resident shall be maintained on the roster subject to the procedures for billing and collection of maintenance fees at the Rhode Island Veterans' Home. 119 - DISCHARGES Upon being discharged the resident shall be responsible to make full payment of all maintenance fees incurred through the day of discharge. The resident's per diem rate for the month of discharge shall be based on the number of days the resident was carried on the books. 120 - FAILURE TO PAY MAINTENANCE FEES Maintenance fees shall be paid monthly to the Home and any failure to make payment when due shall be the cause for dismissal from the facility. Prior to dismissal, the resident shall be afforded administrative procedural due process in accordance with Section 121. A veteran who has been discharged for non-payment of maintenance fees or who has left the Home without paying his/her maintenance fees, who applies for readmission to the Home must pay any indebtedness owed the State of Rhode Island in full prior to readmission. 121 - RIGHTS OF APPEAL 1) A resident or his/her fiduciary who is not in agreement with the maintenance fee assessment or any other determination made pursuant to these rules and regulations may request an informal review by the Assistant Administrator. A resident or his/her fiduciary shall make an oral or written request for such an informal review at the Business Office of the Home within ten (10) days of receipt of the maintenance fee assessment or other determination. The determination of the Assistant Administrator is subject to further informal review by the Associate Director upon oral or written request to the Office of the Associate Director within ten (10) days of the determination of the Assistant Administrator. 2) If a resident or his/her fiduciary is aggrieved by the determination of the Associate Director, he/she may within ten (10) days thereof file a written request for a formal hearing before the Director of the Department of Human Services or his or her designee. This formal hearing shall be conducted in accordance with the provisions of the Rhode Island Administrative Procedures Act (R.I.G.L. Title 42, Chapter 35) which require, in part, that a record of hearing be made and that all parties be afforded the opportunity to respond and present evidence and argument on all issues involved. The decision of the Director or his or her designee shall be in writing and a copy thereof delivered or mailed to each party. 3) If a resident or his/her fiduciary is aggrieved by the decision of the Director or her designee, he/she may seek judicial review of the decision in the Superior Court of the State 4) If a resident or his/her fiduciary requests an informal review or formal hearing, he/she may be represented by an authorized representative, such as legal counsel, relative, friend, or other person.