CHAPTER 9. INDIANA VETERANS' HOME
IC 10-17-9
Chapter 9. Indiana Veterans' Home
IC 10-17-9-0.3
"Director"
Sec. 0.3. As used in this chapter, "director" refers to the directorof veterans' affairs appointed under IC 10-17-1-5.
As added by P.L.21-2008, SEC.1.
IC 10-17-9-0.5
"Home"
Sec. 0.5. As used in this chapter, "home" refers to the IndianaVeterans' Home.
As added by P.L.21-2008, SEC.2.
IC 10-17-9-0.8
"Superintendent"
Sec. 0.8. As used in this chapter, "superintendent" refers to thesuperintendent of the Indiana Veterans' Home appointed undersection 3.5 of this chapter.
As added by P.L.21-2008, SEC.3.
IC 10-17-9-1
Conduct and maintenance
Sec. 1. The conduct and maintenance of the Indiana Veterans'Home, located near Lafayette in Tippecanoe County, Indiana, aregoverned by this chapter.
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.4.
IC 10-17-9-2
Gifts; legacies; devises; conveyances
Sec. 2. The home may receive for the use of the institution andexpend as the donor directs:
(1) gifts;
(2) legacies;
(3) devises; and
(4) conveyances;
of real and personal property that are made, given, or granted to orfor the home or in its name.
As added by P.L.2-2003, SEC.8.
IC 10-17-9-3
Appropriations for buildings
Sec. 3. The board of county commissioners in each county mayappropriate money out of the general fund of the county to erectcottages or any other needed building on the grounds of the home.
As added by P.L.2-2003, SEC.8.
IC 10-17-9-3.5
Appointment of superintendent Sec. 3.5. (a) The director shall appoint the superintendent of theIndiana Veterans' Home. In appointing the superintendent, thedirector shall give preference to an honorably discharged veteran ofthe armed forces of the United States.
(b) The superintendent may be removed only by the director.
(c) The superintendent is administratively responsible to thedirector.
(d) The director shall determine the superintendent's salary,subject to the approval of the governor and the budget agency.
As added by P.L.21-2008, SEC.5.
IC 10-17-9-4
Superintendent responsibilities
Sec. 4. The superintendent of the Indiana Veterans' Home:
(1) has the immediate charge and management of the institution;
(2) directs and controls the resident employees; and
(3) superintends the medical and physical care, rehabilitation,and management of the members in the home.
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.6.
IC 10-17-9-5
Political affiliation of employees
Sec. 5. The superintendent may not appoint or employ a person inan office or a place in the Indiana Veterans' Home because of thepolitical views or affiliation of the appointee or employee or for areason other than capacity and fitness for the duties to be performedby the appointee or employee. However, among applicants forappointment found capable and fit, preference shall be given to anhonorably discharged military veteran and the spouse, widow,widower, mother, and child of an honorably discharged militaryveteran.
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.7.
IC 10-17-9-6
Removal or suspension of employees
Sec. 6. The superintendent may remove or suspend an employeeappointed by the superintendent of the Indiana Veterans' Home onlyfor cause and subject to the state personnel act under IC 4-15-2.
As added by P.L.2-2003, SEC.8.
IC 10-17-9-7
Admissions; rules; funds; death
Sec. 7. (a) As used in this section, "eligible person" refers toeither of the following:
(1) An honorably discharged member of the armed forces.
(2) The spouse or surviving spouse of an honorably dischargedmember of the armed forces.
(b) An eligible person who has a disability or is destitute iseligible for admission to the home if:
(1) the eligible person has been a resident of Indiana for at least
one (1) year immediately preceding application for admissionto the home; or
(2) in the case of an eligible person referred to in subsection(a)(1), the eligible person was a resident of Indiana when theeligible person enlisted in the armed forces.
(c) The Indiana department of veterans' affairs shall adopt rulesconcerning admission to the home.
(d) In adopting rules governing the admission, maintenance, anddischarge of members of the home, the Indiana department ofveterans' affairs may establish a fund called the veterans' homecomfort and welfare fund. The director shall deposit all moneycollected from the members for the cost of their care andmaintenance in the fund. The director shall expend this money in anymanner that adds to the comfort and welfare of the members of theinstitutions.
(e) A part of the veterans' home comfort and welfare fund may bewithdrawn and deposited in a special fund called the veterans' homebuilding fund. The veterans' home building fund shall be used for theconstruction, maintenance, remodeling, or repair of buildings of thehome.
(f) Preference under this section may be given to a person whoserved in an Indiana military organization. Except in cases where thesurviving spouse of a veteran marries another veteran, the benefits ofthis chapter extend only to a surviving spouse and the spouse of aveteran if the contract of marriage was entered into more than five(5) years before the date of death of the veteran. Except as otherwiseprovided by law, upon the death of a person in the home, money paidto the person or due to the person from a bank, a trust company, acorporation, or an individual becomes an asset of the person's estateand shall be distributed in the manner prescribed by the probate lawof the state.
As added by P.L.2-2003, SEC.8. Amended by P.L.99-2007, SEC.37;P.L.21-2008, SEC.8; P.L.113-2010, SEC.74.
IC 10-17-9-8
Cost of maintaining members
Sec. 8. (a) Each member, the estate of a deceased member, or theestate of a member under guardianship is liable for the costs ofmaintenance of the member in an amount up to one hundred percent(100%) of the daily per capita cost of personal services and all otheroperating expenses for the preceding fiscal year. The per capitacharge may be adjusted to reflect the level of care provided.
(b) The level of care must be as consistent as possible with:
(1) the care category of the facility in which the member isplaced;
(2) the rules of the Indiana health facilities council adoptedunder IC 16-28; and
(3) the applicable code of the federal government coveringreimbursement from the United States Department of Veterans'Affairs or another department of the federal government. (c) The liability created for the costs of maintenance of a memberconstitutes a lien upon the real property of the member if the lien isrecorded as provided in this chapter. The lien has priority over allliens subsequently acquired.
As added by P.L.2-2003, SEC.8.
IC 10-17-9-9
Billing and collection of maintenance costs; funds
Sec. 9. (a) The billing and collection of the maintenance cost ofa member under section 8 of this chapter shall be made by thesuperintendent of the Indiana Veterans' Home based on the per capitacost for the preceding fiscal year.
(b) All money collected shall be deposited in the veterans' homecomfort and welfare fund. The fund shall be used in part by thesuperintendent for the comfort and welfare of the members and inpart to reimburse the state general fund in an amount specified by thegeneral assembly.
(c) Excess money in the veterans' home comfort and welfare fundshall be placed in the veterans' home building fund.
(d) The fund shall be used for new construction, maintenance,remodeling, and repair of the buildings at the Indiana Veterans'Home.
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.9.
IC 10-17-9-10
Agreement to accept lesser amount for maintenance cost; petitionfor release or modification of maintenance charge
Sec. 10. (a) The superintendent of the Indiana Veterans' Home,with the approval of the director, may accept payment at a lesser ratethan prescribed in section 8 of this chapter. The superintendent of theIndiana Veterans' Home, in determining whether or not to accept thelesser amount, shall consider the amount of money necessary tomaintain or support a dependent of the member. An agreement toaccept a lesser amount is subject to cancellation or modification atany time by the superintendent of the Indiana Veterans' Home withthe approval of the director.
(b) A member who is issued a statement of a sum due asmaintenance charges may petition the superintendent of the IndianaVeterans' Home for a release from or modification of the statement.The superintendent shall submit a written statement of the facts tothe director for a final determination.
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.10.
IC 10-17-9-11
Standard method of determining maintenance charges;adjustments
Sec. 11. (a) The superintendent of the Indiana Veterans' Home,with the approval of the director, may adopt a standard method ofdetermining a lesser rate to be accepted in settlement of maintenancecharges due from a member of the home. A member shall receive at
least thirty dollars ($30) per month for personal needs before amaintenance charge is levied against current income.
(b) The monthly maintenance charge may not exceed one-twelfth(1/12) of the annual per capita cost of the preceding year.
(c) The superintendent may adjust the standard for determiningthe lesser rate to provide that in the case of married members withthe spouses residing at the home this standard will allow at least fortydollars ($40) to be deducted from income by the member before thecharge for maintenance is applied.
(d) The superintendent, in adopting the standard method ofdetermining a lesser rate to be accepted in settlement of maintenancecharges due from a member of the home, shall take into account ascurrent income:
(1) a pension;
(2) compensation or income from any source; and
(3) benefits from:
(A) the federal Social Security Administration;
(B) the railroad retirement law; or
(C) a retirement annuity or insurance annuity.
(e) The agreement to accept a lesser rate from current incomedoes not relieve the estate of the member of the charge for the fullper capita cost for the period the member resided in the home.However, the claim for the full per capita cost will not be filed orallowed if there is a surviving spouse, dependent child less thaneighteen (18) years of age, or dependent parent.
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.11.
IC 10-17-9-12
Lien for unpaid maintenance charges
Sec.12. (a) If charges for the cost of maintenance of a memberremain unpaid in whole or in part for a period of six (6) months, thesuperintendent of the Indiana Veterans' Home may file, in the officeof the county recorder of the county in which the real property islocated, a notice of lien designating:
(1) the name and place of residence of the member againstwhose property the lien is asserted;
(2) the date when the charges become delinquent for more thansix (6) months; and
(3) a legal description of the real property subject to the lien.
One (1) copy of the notice of lien shall be retained by and filed in theoffice of the superintendent, and one (1) copy shall be furnished tothe member or guardian.
(b) From the date on which notice of lien is recorded in the officeof the county recorder, the recorded notice constitutes due notice ofa lien against the member or the member's estate for any amountsthen recoverable and any amounts that become recoverable underthis chapter and gives a specific lien in favor of the Indiana Veterans'Home. The lien continues from the date of filing until the lien issatisfied or released.
As added by P.L.2-2003, SEC.8.
IC 10-17-9-13
Claim or judgment for maintenance charges; suit against legalguardian; foreclosure; claim against estate
Sec. 13. (a) The attorney general, upon notification of thesuperintendent of the Indiana Veterans' Home, shall file a claim inthe name of the state on behalf of the superintendent of the homeagainst the estate of a person who fails to make payment as requiredin this chapter. If the claim is allowed or judgment is obtained, theclaim or judgment constitutes a lien against that part of the estate ofthe person described in the claim.
(b) The attorney general may bring suit against the legal guardianof a patient for failure to comply with an established maintenanceagreement or for failure to make an agreement. Suit may be broughtfor the amount due the state for the maintenance charges of themember. The court may order the payment of maintenance chargesfor a period as the circumstances require. An order may be enteredagainst one (1) or more of the defendants. An order for the paymentof money may be enforced by attachment, garnishment, or aproceeding supplemental against the defendants. Other judgments atlaw and costs may be adjudged against the defendants andapportioned among them.
(c) The attorney general may bring a proceeding to foreclose ona lien arising from maintenance charges under section 8 of thischapter during the lifetime of the member if the superintendentbelieves it is in the best interest of the veterans' home to foreclose onthe lien.
(d) Upon:
(1) the death of a member whose property is encumbered by alien arising under section 8 of this chapter; and
(2) notification by the superintendent;
the attorney general shall file a claim against the member's estate forrecovery of all charges for maintenance that have accrued at the dateof death. Notwithstanding any other law, a claim filed for recoveryof charges for maintenance has priority in order of payment from theestate over all other claims except prior recorded encumbrances,taxes, reasonable costs of administration, and reasonable funeralexpenses. However, if real property of the deceased member isoccupied by a surviving spouse of the member, the home may notassert its lien or claim during the lifetime of the surviving spouse.However, if other claimants or persons have opened an estate and areattempting to enforce their claims, or if there have been fraudulentattempts to avoid the claim or lien, the veterans' home shall file andassert the claim for recovery of costs of treatment and maintenance.
As added by P.L.2-2003, SEC.8.
IC 10-17-9-14
Agreements with federal government
Sec. 14. The superintendent of the Indiana Veterans' Home maymake agreements with instrumentalities of the federal governmentfor application of monetary awards to be applied toward the
maintenance charges to provide a sufficient amount of the periodicaward to be deposited in the member's trust account to meet theimmediate personal needs of a member. The amount applied towardthe settlement of maintenance charges may not exceed the amountspecified in section 8 of this chapter.
As added by P.L.2-2003, SEC.8.
IC 10-17-9-15
Transfer from Department of Veterans' Affairs
Sec. 15. (a) If space is available, the superintendent of the IndianaVeterans' Home, with the approval of the director, may accept aveteran who is:
(1) otherwise eligible for admission to the home;
(2) in need of nursing home care; and
(3) transferred at the request of the United States Department ofVeterans' Affairs from one (1) of its facilities.
(b) The United States Department of Veterans' Affairs underUnited States Department of Veterans' Affair's regulations shallaward the cost of care to the home. A rate of charge described insection 8 of this chapter may not be used to determine the cost ofcare under this section.
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.12.
IC 10-17-9-16
State treasurer investigation; disposition of federal funds
Sec. 16. (a) The treasurer of state may require an investigation todetermine the true number of members in the home at any time.
(b) Twenty percent (20%) of the money annually allowed by thegovernment of the United States for a military veteran maintained inthe home shall be deposited in the state general fund to the credit ofthe veterans' home building fund. Money deposited in the stategeneral fund may be invested in securities of the United Statesgovernment. The money in the building fund shall be used only forthe maintenance, remodeling, or repair of buildings at the IndianaVeterans' Home. Money deposited in the building fund isappropriated and subject to allocation by the budget committee. Theremaining eighty percent (80%) of the money annually allowed bythe government of the United States for a military veteran maintainedin the home shall be deposited in the state general fund as areimbursement to the general fund for operating expenses of thehome.
As added by P.L.2-2003, SEC.8.
IC 10-17-9-17
Applicability of Financial Reorganization Act of 1947
Sec. 17. IC 4-13-2 applies to the Indiana Veterans' Home.
As added by P.L.21-2008, SEC.13.
IC 10-17-9-18
Bond requirement Sec. 18. (a) The superintendent shall furnish an individual publicofficial bond in an amount determined by the director, payable to thestate and conditioned upon the faithful performance of thesuperintendent's duties.
(b) A bond required under this section is subject to the approvalof the insurance commissioner and shall be filed in the office of thesecretary of state.
As added by P.L.21-2008, SEC.14.
IC 10-17-9-19
Notice regarding requests for names of nursing personnel or directcare staff
Sec. 19. (a) The Indiana Veterans' Home shall post a notice thata resident, the legal representative of a resident, or another individualdesignated by a resident may request, from the individual in chargeof each shift, information that designates the names of all nursingpersonnel or direct care staff on duty by job classification for the:
(1) wing of;
(2) unit of; and
(3) other area as routinely designated by;
the Indiana Veterans' Home.
(b) The notice required under subsection (a) must meet thefollowing conditions:
(1) Be posted in a conspicuous place that is readily accessibleto residents and the public.
(2) Be at least 24 point font size on a poster that is at leasteleven (11) inches wide and seventeen (17) inches long.
(3) Contain the:
(A) business telephone number of the superintendent; and
(B) toll free telephone number for filing complaints with thedepartment of veterans' affairs.
(4) State that if a resident, the legal representative of a resident,or another individual designated by a resident is unable toobtain the information described in subsection (a) from theindividual in charge of each shift, the resident, the legalrepresentative of the resident, or another individual designatedby the resident may do any of the following:
(A) Contact the superintendent.
(B) File a complaint with the department of veterans' affairsusing the department's toll free telephone number.
(c) The department of veterans' affairs may adopt rules underIC 4-22-2 to carry out this section.
As added by P.L.21-2008, SEC.15.
IC 10-17-9-20
Advisory committee
Sec. 20. (a) The Indiana Veterans' Home advisory committee isestablished.
(b) The advisory committee consists of eight (8) membersappointed by the governor and must include the following: (1) One (1) member who is a licensed physician.
(2) One (1) member who is a member of the general assemblyfrom the district in which the Indiana Veterans' Home islocated.
(3) The director of veterans' affairs or the director's designee.
(c) The term of a member, other than a member who is a memberof the general assembly, is four (4) years. A member of the generalassembly appointed under this section serves until the end of themember's current legislative term. The governor may remove amember of the advisory committee for cause. The governor shall filla vacancy in the membership of an advisory committee for theunexpired term of the vacating member.
(d) The advisory committee shall hold at least one (1) regularmeeting in each calendar quarter and may hold special meetings uponthe call of the superintendent.
(e) The members of the advisory committee shall elect achairperson and a secretary.
(f) Each member of the advisory committee who is not a stateemployee is entitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). The member is also entitled to reimbursement fortraveling expenses as provided under IC 4-13-1-4 and other expensesactually incurred in connection with the member's duties as providedin the state policies and procedures established by the Indianadepartment of administration and approved by the budget agency.
(g) Each member of the advisory committee who is a stateemployee but who is not a member of the general assembly isentitled to reimbursement for traveling expenses as provided underIC 4-13-1-4 and other expenses actually incurred in connection withthe member's duties as provided in the state travel policies andprocedures established by the Indiana department of administrationand approved by the budget agency.
(h) Each member of the advisory committee who is a member ofthe general assembly is entitled to receive the same per diem,mileage, and travel allowances paid to members of the generalassembly serving on interim study committees established by thelegislative council.
(i) The advisory committee shall act in an advisory capacity to thesuperintendent and to the director concerning ways to improve theIndiana Veterans' Home and the care of its residents.
As added by P.L.21-2008, SEC.16.