Current through December 3, 2024
Section 180-RICR-10-00-2.1 - IntroductionA. The Director of Veterans Affairs is authorized under R.I. Gen. Laws §§ 30-17.1-2, 30-17.1-5 and 30-17.1-6 to establish appropriate rules and regulations governing the maintenance fees at the Rhode Island Veterans Home.B. The Administrator of the Rhode Island Veterans Home is the responsible person delegated by the Director of Veterans Affairs to administer these rules and regulations for the billing and collection of maintenance fees at the Rhode Island Veterans Home.C. These regulations adhere to the requirements of Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. § 200d, et seq.) and Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), and the Department of Health and Human Services implementing regulations (45 C.F.R. Parts 80 and 84).D. The Office of Veterans Affairs does not discriminate on the basis of race, color, national origin, or handicap in acceptance for or provision of services or employment in its programs and activities. Under the provisions of applicable law, the Office of Veterans Affairs does not discriminate on the basis of sex, age, creed or political belief.2.1.1Statutory RequirementsA. Pursuant to R.I. Gen. Laws § 30-24-10, 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.B. 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.180 R.I. Code R. 180-RICR-10-00-2.1