Veterans skilled nursing center.

2015
STATE OF WYOMING
15LSO-0263
ENGROSSED
3.1

HOUSE BILL

NO.
HB0216

Veterans skilled nursing center.

Sponsored by:
Representative(s) Berger, Barlow, Burkhart, Harvey, Jennings, Kasperik, Patton and Throne and Senator(s) Burns, Coe, Kinskey and Von Flatern

A BILL

for

AN ACT relating to veterans; creating a new skilled nursing center for veterans and their spouses; providing for nonveterans to be admitted to the center as specified; providing for administration and operation of the center as specified; authorizing the receipt and expenditure of funds as specified; establishing a fund; requiring a report; providing rulemaking authority; authorizing a position; providing appropriations; providing for recapture 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
6

are
created to read:

CHAPTER 14
WYOMING VETERANS' SKILLED NURSING CENTER

25
‑
14
‑
101
.

Purpose; admission of veterans and veterans' spouses.

(a)

Except as
provided in
W.S. 9
‑
2
‑
106(d)
and 25
‑
14
‑
102
, 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 by reason of wounds, disease, old age or other infirmities are in need of skilled nursing care as determined by rules promulgated by the department
of health
.

(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 rules 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
.

Admission of nonveterans
.

(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 persons are qualifying dependents or the parents of United States military personnel who were killed in the line of duty as provided by statute, rule or regulation of the United States department of veterans affairs; and

(i
i
)

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.

25
‑
14
‑
103
.

Services for residents
; administration
.

(a)

The department of health shall, by contract or otherwise:

(i)

Provide skilled nursing care
in a skilled nursing facility
for residents in accordance with
the federal Social Security A
ct and the
federal medicare and medicaid regulations;

(ii)

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

(b)

The department shall contract with
a
private nonprofit organization to provide day
‑
t
o
‑
day operations of the veterans' skilled nursing center.
The contract shall provide for a
monthly management fee
as determined by the department
.

(c)

Any contract awarded under this section shall be awarded on the basis of competitive bids
. Selection shall be based upon costs, background and relevant experience, expected performance and other criteria as determined by the department.

25
‑
14
‑
104
.

Charges for care.

Residents shall pay for services provided under this
chapter
according to rules promulgated by the department
of health
. P
ayments
under this section
shall
be set at amounts to
ensure
that
appropriate services
are provided at the center, as
required by this
chapter
.

25
‑
14
‑
105
.

Acceptance of donations.

The department may accept
on behalf of the state donations of lands, money or other property
for the benefit of the center
.
The department of health shall consider accepting a
private
donation of land to be used for the construction and maintenance of the veterans' skilled nursing center.

25
‑
14
‑
106
.

Disposition, r
eceipt and expenditure of
monies received; reports
.

(a)

The department may accept state, federal, local and nongovernmental funds for the purposes of this
chapter
provided the conditions on receipt of the funds are not inconsistent with this
chapter
.

(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. Monies existing after costs and maintenance are paid shall be paid
with interest at three percent (3%) per annum
to the omnibus permanent land fund until the total, unreverted,
initial legislative
appropriation
pursuant to this
act

is recaptured
which shall not be later than fifteen (15) years from the date of construction completion of the veterans' skilled nursing center
. 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
, initial
legislative
appropriation made
pursuant to
this act divided by eight (8).
If the veterans' skilled nursing center is sold, all proceeds shall be deposited in the omnibus permanent land fund.

(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 2
.

W.S. 9
‑
2
‑
106(d), 23
‑
2
‑
207(a)(ii) and 25
‑
1
‑
201(a) by creating 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
.

The department of health is authorized one (1) additional full
‑
time permanent position for the veterans' skilled nursing center. The department of health shall
include this position
authorization and necessary funding for the position
in its 2017
‑
2018 standard budget request.

Section
4
.

(a)

There is appropriated
three
million
two hundred fifty
‑
three
thousand
two hundred fifty
dollars ($
3
,
253
,
250
.00) from the omnibus permanent land fund to the department of administration and information.
Of th
e funds
appropriat
ed
under this subsection
:

(i)

No more than
two
million
nine
hundred
three

thousand
two hundred fifty
dollars ($
2,903,250
.00) shall 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;

(ii)

No more than
three hundred ninety
‑
five thousand dollars ($395,000.00) shall be expended for the purpose of construction contingency costs for the veterans' skilled nursing center required by this act
.

(b)

For the period beginning with the effective date of this act through June 30, 2016, there is appropriated
up to
seventy
‑
five thousand dollars ($75,000.00) from the general fund to the department of health to fund the full
‑
time permanent position authorized in section 3 of this act. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose.
The department shall not fill this position until three (3) months prior to substantial construction completion or at such time as required for the receipt of federal funds, whichever is earlier.
Any unobligated, unexpended funds shall revert as provide
d
by law on June 30, 2016.

(
c
)

Funds appropriated in subsection (a) of this section shall not be expended until plans for the construction of the veterans' skilled nursing center project have been approved by the state building commission and the veterans' administration.
Notwithstanding any other provision of law,
funds appropriated in subsection (a) o
f
this section,
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
no later than three (3) months after construction completion of the veteran's skilled nursing center
.

(d)

The veterans' skilled nursing center project shall be constructed in accordance with procedures of the construction management section within the general services division of the department of administration and information and approved by the state building commission.

Section
5
.

This
act is effective July 1,
2015
.

(EN
D)

1
HB0216