Sec. 27-108. Admission to Veterans' Home or hospital. Discharge. Transfer. Payment.

      Sec. 27-108. Admission to Veterans' Home or hospital. Discharge. Transfer. Payment. (a) Any veteran, as defined in subsection (a) of section 27-103, and who meets active military, naval or air service requirements, as defined by 38 USC 101, may apply for admission to the home; and any such veteran who, from disease, wounds or accident, needs medical or surgical care and treatment or who has become mentally ill and who has no adequate means of support, may be admitted to any hospital and receive necessary food, clothing, care and treatment therein, at the expense of the state, unless other funds or means of payment are available.

      (b) Any member or former member of the armed forces, as defined in subsection (a) of section 27-103, who is a resident of this state and is entitled to retirement pay under 10 USC Chapter 1223, may apply for admission to the home.

      (c) Any such veteran desiring care or treatment under the provisions of this chapter shall make application under oath to the Commissioner of Veterans' Affairs; but, if, by reason of his or her physical condition, he or she is unable to make such application, some other veteran may make such application in his or her behalf. Said commissioner, or his or her designee, shall have sole power to determine whether such veteran is entitled to admission to the home or to a hospital, and such veteran, if admitted, may, upon application to the commissioner, receive transportation at the expense of the state from his or her place of residence to the home or such hospital. No veteran so admitted shall be discharged from the home except upon the approval of the commissioner or his or her designee. The commissioner shall have sole power to remove any veteran whose care and treatment is paid for by the state from any hospital to another and shall appoint such agents as are necessary to see that veterans admitted to hospitals are receiving necessary food, clothing, care and treatment.

      (d) Such veterans who are able to pay in whole or in part for such program or services, as determined by the applicable fee schedule adopted pursuant to subsection (d) of section 27-102l, shall receive a monthly bill for such services rendered.

      (e) In the event that a bill of a veteran remains unpaid and past due, the chief fiscal officer, with the approval of the commissioner, shall require the veteran to assign his or her right to receive payment of income, from whatever source, to the commissioner until (1) such account is made current, and (2) the veteran demonstrates to the satisfaction of the commissioner a reasonable likelihood of more prudent financial management for the future. Any veteran shall be provided an opportunity for a hearing when an order of assignment is issued.

      (f) Payment of amounts determined by the commissioner as provided by subsection (c) of this section shall be deposited in the institutional general welfare fund of the Veterans' Home established in accordance with sections 4-56 to 4-58, inclusive, and shall be available for expenditure from said fund for the operation of the Veterans' Home in accordance with procedures prescribed by the commissioner and the Comptroller.

      (g) In the event that a veteran dies, still owing money for services rendered, the commissioner, with the aid of the Attorney General's office, may submit a claim against such veteran's estate and any amounts collected shall be deposited in the institutional general welfare fund in accordance with section 4-56.

      (1949 Rev., S. 2929; 1963, P.A. 340; P.A. 75-351; P.A. 81-265; 81-473, S. 39, 43; P.A. 82-472, S. 181, 183; June Sp. Sess. P.A. 83-32, S. 7, 8; P.A. 88-1, S. 10, 13; 88-285, S. 6, 35; June Sp. Sess. P.A. 91-12, S. 40, 55; June Sp. Sess. P.A. 98-1, S. 54, 121; P.A. 04-169, S. 8; P.A. 08-87, S. 2.)

      History: 1963 act added new Subsec. (d) providing for payments to be deposited in the institutional general welfare fund; P.A. 75-351 deleted in Subsec. (a) qualifying word "male" from those entitled to admission; P.A. 81-265 amended Subsec. (a) to extend eligibility for admission to the Veterans' Home and Hospital to those veterans who served 90 days or more between October 28, 1953, and January 31, 1955; P.A. 81-473 rephrased provision re admission for persons having military service during the period between October 28, 1953, and January 31, 1955; P.A. 82-472 made a technical change; June Sp. Sess. P.A. 83-32 amended Subsec. (d) to make funds received as payments from the estates of deceased veterans available for the operation of the veterans' home and hospital in accordance with prescribed procedures, replacing prior provisions re use of such funds; P.A. 88-1 amended Subsec. (d) to provide that expenditure of amounts deposited in fund shall be in accordance with procedures prescribed by the commissioner and the comptroller, rather than procedures prescribed by the commission and the secretary of the office of policy and management; P.A. 88-285 replaced commission with commissioner throughout the section, amended Subsec. (a) to delete reference to "persons who served honorably in the armed forces of the United States for ninety days or more between October 28, 1953, and January 31, 1955, or who served honorably for a shorter time during such period if separated from service by reason of a service-connected disability rated by the Veterans' Administration", deleted the provisions of Subsec. (c), substituting in lieu thereof requirement that veterans able to pay for program or services receive a monthly bill, inserted new provisions in Subsec. (d), requiring assignment of income in the event a veteran's bill remains unpaid and past due, amended Subsec. (e), formerly Subsec. (d), to delete authority to receive payment from the estates of deceased veterans and to replace reference to office of policy and management with comptroller and added Subsec. (f) re submission of a claim against a veteran's estate if he dies still owing money for services rendered; June Sp. Sess. P.A. 91-12 in Subsec. (a) allowed rather than entitled veterans to be admitted to a hospital and to be transported at the state's expense, in Subsec. (d) transferred from the commandant to the chief fiscal officer the responsibility for collecting unpaid bills and in Subsec. (f) transferred from the commandant to the commissioner the responsibility to submit a claim against a deceased veteran's estate for an unpaid bill; June Sp. Sess. P.A. 98-1 made technical changes in Subsecs. (b) and (c), effective June 24, 1998; P.A. 04-169 amended Subsec. (a) to allow veterans who are honorably discharged from active service in the armed forces to apply for admission to the home or to be admitted to any hospital and receive food, clothing, care and treatment at the expense of the state, unless other funds or means of payment are available, amended Subsec. (b) to make technical changes, and amended Subsec. (e) to change the name of the Veterans' Home and Hospital to the Veterans' Home, effective June 1, 2004; P.A. 08-87 amended Subsec. (a) by adding "and who meets active military, naval or air service requirements, as defined by 38 USC 101", added new Subsec. (b) re member or former member of armed forces who may apply for admission to the home, and redesignated existing Subsecs. (b) to (f) as new Subsecs. (c) to (g), effective July 1, 2008.

      Cited. 160 C. 320. This section empowers the commission to determine in its discretion whether the veteran or his estate has the means to pay for service furnished hereunder, the amount be paid and the manner and time of payment. 169 C. 78. Cited. 171 C. 335. Cited. 189 C. 726.