Michigan Laws 36.106a – Eligibility for admission to veterans’ facility; per diem rates; deposit into veterans’ facility operation fund; deduction upon death of veteran or dependent; remittance; dismissal for failure to remi
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws 36.106a
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- board: means the board of directors of the authority. See Michigan Laws 36.102
- Department: means the department of military and veterans affairs. See Michigan Laws 36.102
- Dependent: A person dependent for support upon another.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Michigan veteran homes: means the administrative entity that centrally manages and operates veterans' facilities in this state. See Michigan Laws 36.102
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
- Veteran: means an individual who meets both of the following:
(i) Is a veteran as defined in section 1 of 1965 PA 190, MCL 35. See Michigan Laws 36.102
(1) The following individuals are eligible for admission to a veterans’ facility in this state:
(a) A veteran eligible for the United States Department of Veterans Affairs’ health care or financial assistance for long-term nursing or day care.
(b) A dependent of a veteran who meets 1 of the following criteria:
(i) The veteran is eligible for admission under subdivision (a).
(ii) The veteran was eligible for admission under subdivision (a) at the time of the veteran’s death.
(2) As a condition of admission, each veteran and dependent must agree to pay to Michigan veteran homes, for the use by and benefit of this state, a sum based on his or her income and assets to support the care and services he or she receives at the veterans’ facility.
(3) Michigan veteran homes shall annually determine the per diem maintenance rate and present the rate to the board for approval. The per diem maintenance rate charges must be paid in a manner and timeline determined by Michigan veteran homes.
(4) Money collected under this section and from the United States Department of Veterans’ Affairs administration in direct payment for services to veterans at the veterans’ facilities must be deposited in the veterans’ facility operation fund created in section 6c.
(5) Michigan veteran homes may deduct either of the following amounts from money Michigan veteran homes holds on behalf of a veteran or dependent residing at a veterans’ facility after the death of the veteran or dependent:
(a) Money the veteran or dependent owes to Michigan veteran homes or the veterans’ facility at the time of his or her death.
(b) Funeral or burial-related expenses incurred by Michigan veteran homes or the veterans’ facility due to the death of the veteran or dependent.
(6) Michigan veteran homes shall, after all necessary payments are made under subsection (5), remit any remaining money to the next of kin of the deceased veteran or dependent.
(7) If, after 2 years following the death of a veteran or dependent residing at a veterans’ facility, Michigan veteran homes is unable to find a surviving relative or next of kin of the veteran or dependent, Michigan veteran homes shall deposit any money held on behalf of the veteran or dependent into the charitable support fund created in section 6c.
(8) A veteran’s or dependent’s failure to remit a payment agreed to under subsection (2) is cause for dismissal from a veterans’ facility.
(9) As used in this section:
(a) “Dependent” means a widow, widower, former spouse, or spouse of a veteran, or a gold star parent.
(b) “Gold star parent” means an individual who has had a son or daughter die while serving in the United States Armed Forces or in forces incorporated as part of the United States Armed Forces if the son or daughter meets any of the eligibility criteria specified in 10 USC 1126(a)(1) to (3) for a gold star lapel button.