Veterans skilled nursing center.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0146

SENATE FILE

NO.
SF0011

Veterans skilled nursing center.

Sponsored by:
Joint Transportation, Highways and Military Affairs Interim Committee

A BILL

for

AN ACT relating to
the department of health and veterans; creating a new skilled nursing center for veterans and others; establishing a fund; providing an appropriation; requiring repayment of the appropriation;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S.
25
‑
14
‑
101 through 25
‑
14
‑
10
5

are
created to read:

CHAPTER 14
WYOMING
VETERANS'
SKILLED NURSING CENTER

25
‑
14
‑
101.

Purpose; admission of veterans and veterans'
spouses
.

(a)

Except as otherwise authorized by rules and regulations promulgated in accordance with W.S. 9
‑
2
‑
106(d), the veterans' skilled nursing center is
created
for the care and treatment of:

(i)

Honorably discharged veterans of the armed forces of the United States; and

(ii)

Members of the state national guard disabled while on duty.

(b)

Persons qualifying under subsection (a) of this section shall also be persons who
b
y reason of wounds, disease, old age or other infirmities are
in need of skilled nursing care as determined by rules promulgated by the department
.

(c)

The department of health may admit
a spouse
of the persons described in subsection (a) of this section, and who
meet the requirements of subsection (b) of this section,
pursuant to rule
s promulgated by the department
in accordance with
W.S.
9
‑
2
‑
106(d)
. The rules
shall
provide admission requirements which do not jeopardize the center's
or any veteran's qualification to receive federal financial aid during a veteran's admission to the center.

25
‑
14
‑
102.

When nonveterans permitted admission; pref
erence to veterans and veterans' spouses
.

(a)

The department of health may admit persons to the center who are not veterans or
spouses
of veterans for care and treatment if:

(i)

The center is not filled to ninety percent (90%) of capacity and there are pending no applications of veterans or veterans'
spouses
;

(ii)

By reason of wounds, disease, old age or other infirmities, the
persons
are in need of skilled nursing care as determined by rules promulgated by the department
;

(iii)

The
persons
have been domiciled in this state for at least five (5) years next preceding their application for admission to the center;

(iv)

The persons are admitted pursuant to rules and regulations promulgated in accordance with W.S. 9
‑
2
‑
106(d). The rules shall provide admission requirements which do not jeopardize the center's or any veteran's qualification to receive federal financial aid during a veteran's admission to the center.

(b)

In all cases veterans and
spouses
of veterans shall be given preference of admission.

25
‑
14
‑
103
.

Services for
residents.

(a)

The department of health shall
, by contract or otherwise
:

(i)

Provide a skilled nursing facility and skilled nursing care for residents
of the veterans' skilled nursing center
in accordance with federal medicare and medicaid regulations
;

(ii)

Provide a place for burial and bury or cremate deceased residents;

(ii
i
)

Provide other c
are
as required
under authority of the
director pursuant to W
.S. 9
‑
2
‑
106(d).

25
‑
14
‑
104.

Charges for care.

Residents shall pay for services provided under this chapter according to rules promulgated by the department which rules and payments shall ensure the appropriate and quality provision of services required by this chapter.

25
‑
14
‑
105.

Acceptance of donations.

The department of health on behalf of the state may accept donations of lands, money or other property.

Section 2.
W.S.
9
‑
2
‑
106
(d)
, 23
‑
2
‑
207(a)(ii)
and
25
‑
1
‑
201
(a)
by creat
ing a new paragraph (xv) are
amended to read:

9
‑
2
‑
106.

Duties and powers of director of department.

(d)

The director may authorize the Wyoming life resource center, the Wyoming state hospital, the Wyoming pioneer home, the veterans' home of Wyoming
,

and

the
Wyoming retirement center

and the Wyoming veterans' skilled nursing center
to provide services to persons with conditions other than those specified in the provisions governing those state institutions in title 25 of the Wyoming statutes when the director determines that there is a need for such services, that the services can be provided effectively by the institution, that the services shall be delivered in a manner that assures the safety of all individuals served by the institution and the services provided are statutorily authorized for any of these institutions, the service needs are similar to those authorized for any of these institutions or the services are necessary to protect the public health and safety. The director shall promulgate rules and regulations and policies and procedures necessary to implement this subsection. Nothing in this subsection shall be construed to authorize the director to eliminate services that are otherwise required by statute.

23
‑
2
‑
207.

Special limited fishing permit for hospitalized veterans, residents of state institutions, court placed children and residents of licensed nursing care facilities; students.

(a)

Upon an appropriate form furnished by the appropriate institution or facility as prescribed by rule and regulation of the commission, a special limited fishing permit may be issued without charge by:

(ii)

The department of health or the department of family services to any resident in the veterans' home of Wyoming,

Wyoming veterans' skilled nursing center,
Wyoming state hospital, Wyoming life resource center, Wyoming boys' school and the Wyoming girls' school, which entitles the institutionalized resident to fish while under the direct supervision of the appropriate institution;

25
‑
1
‑
201.

Establishment of state institutions.

(a)

The following state institutions are established:

(xv)

The Wyoming veterans' skilled nursing center.

Section 3.

(a)

There is appropriated
four million seven hundred three thousand dollars
($
4
,
703
,
000.
00) from the omnibus
permanent land f
und to the department of
administration and information
. This appropriation shall be for the period beginning with the effect
ive date of this act and ending June 30, 2014
. This appropriation shall only be expended for the purpose of
purchasing land for,
constructing
, administering the construction of, furnishing and equipping, site work for and landscaping of
the
veterans' skilled nursing center
required by this act.
Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds
remaining
from this appropriation shall revert back to the omnibus permanent land fund on

June 30, 2014
. This appropriation shall not be included in the department's 2013-2014 standard biennial budget request.

(b)

Notwithstanding W.S. 9
‑
4
‑
303(a), the department shall deposit all monies and income received and collected by the Wyoming veterans' skilled nursing center into a special revenue fund. The department may use monies from this fund to pay the costs of operating
and maintaining
the
veterans' skilled nursing
center.
M
onies
existing after costs and maintenance are paid
shall be paid to the
omnibus
permanent land fund
until such time as the total,
unreverted, appropriation made in subsection (a) of this section is repaid. However, no payment to the omnibus permanent land fund in any one
(1)
year shall be required to exceed an amount which is equal to the total, unreverted appropriation made in subsection (a) of this section divided by eight (8).

(c
)

On or before September
1
of each year, the department shall report to the
joint appropriations interim committee and joint transportation, highways and military affairs interim committee the
total amounts repaid
to the omnibus permanent land fund
under subsection (b)
of this section
.

Section 4
.
This act is effective July 1, 2012.

(END)

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SF0011