Chapter 72.36 RCW

SOLDIERS' AND VETERANS' HOMES AND VETERANS' CEMETERY

Sections
Establishment of soldiers' homeLong-term leases.
SuperintendentsLicensed nursing home administrator.
AdmissionApplicants must apply for federal and state benefits.
Definitions.
Resident rights.
Colony establishedWho may be admitted.
State veterans' homesMaintenance defined.
Regulations of home applicableRations, medical attendance, clothing.
Domiciliary and nursing care.
Federal funds.
Washington veterans' home.
Eastern Washington veterans' home.
Eastern Washington veterans' homeFundingIntent.
Walla Walla veterans' home.
Hobby promotion.
Purchase of equipment, materials for therapy, hobbies.
Burial of deceased member or deceased spouse or domestic partner.
Eastern Washington state veterans' cemetery.
Deposit of veteran incomeExpenditures and revenue control.
Medicaid qualifying operations.
Reduction in allowable incomeCertification of qualifying operations.
Resident councilGenerally.
Personal needs allowance.
Findings.
ConstructionChapter applicable to state registered domestic partnerships2009 c 521.
NOTES:
Charitable organizationsApplication for registration or renewalContentsFee: RCW 19.09.075.
Commitment to veterans administration or other federal agency: RCW 73.36.165.
Disposition of property of deceased inmate of state institution: RCW 11.08.101, 11.08.111, 11.08.120.
Employment of dental hygienist without supervision of dentist authorized in state institutions: RCW 18.29.056.
Record as to patients or inmates for purposes of vital statistics: RCW 70.58.270.


72.36.010
Establishment of soldiers' home—Long-term leases.

(1) There is established at Orting, Pierce county, an institution which shall be known as the Washington soldiers' home.
(2) The department is authorized to work with public or private entities on projects to make the best use of the soldiers' home property and facilities. These projects may include, but are not limited to, the renovation and long-term lease of the Garfield barracks building on the soldiers' home campus.
(3) All long-term leases of the soldiers' home property shall be subject to the requirements of RCW 43.82.010, except that such leases may run for up to seventy-five years.



72.36.020
Superintendents—Licensed nursing home administrator.

The director of the department of veterans affairs shall appoint a superintendent for each state veterans' home. The superintendent shall exercise management and control of the institution in accordance with either policies or procedures promulgated by the director of the department of veterans affairs, or both, and rules of the department. In accordance with chapter 18.52 RCW, the individual appointed as superintendent for either state veterans' home shall be a licensed nursing home administrator.
NOTES:
Effective date1993 sp.s. c 3: See note following RCW 72.36.140.
Findings1993 sp.s. c 3: See RCW 72.36.1601.
Chief executive officers, general provisions: RCW 72.01.060.



72.36.030
Admission—Applicants must apply for federal and state benefits.

All of the following persons who have been actual bona fide residents of this state at the time of their application may be admitted to a state veterans' home under rules as may be adopted by the director of the department, unless sufficient facilities and resources are not available to accommodate these people:
(1)(a) All honorably discharged veterans of a branch of the armed forces of the United States or merchant marines; (b) members of the state militia disabled while in the line of duty; (c) Filipino World War II veterans who swore an oath to American authority and who participated in military engagements with American soldiers; (d) the spouses or the domestic partners of these veterans, merchant marines, and members of the state militia; and (e) parents any of whose children died while serving in the armed forces. However, it is required that the spouse was married to and living with the veteran, or that the domestic partner was in a domestic partnership and living with the veteran, three years prior to the date of application for admittance, or, if married to or in a domestic partnership with him or her since that date, was also a resident of a state veterans' home in this state or entitled to admission thereto;
(2) The spouses or domestic partners of: (a) All honorably discharged veterans of the United States armed forces; (b) merchant marines; and (c) members of the state militia who were disabled while in the line of duty and who were residents of a state veterans' home in this state or were entitled to admission to one of this state's state veteran homes at the time of death. However, the included spouse or included domestic partner shall not have been married since the death of his or her spouse or domestic partner to a person who is not a resident of one of this state's state veterans' homes or entitled to admission to one of this state's state veterans' homes; and
(3) All applicants for admission to a state veterans' home shall apply for all federal and state benefits for which they may be eligible, including medical assistance under chapter 74.09 RCW.
NOTES:
Part headings not lawSeverability2008 c 6: See RCW 26.60.900 and 26.60.901.
Effective date1993 sp.s. c 3: See note following RCW 72.36.140.
Findings1993 sp.s. c 3: See RCW 72.36.1601.
Severability1977 ex.s. c 186: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1977 ex.s. c 186 § 12.]



72.36.035
Definitions.

For purposes of this chapter, unless the context clearly indicates otherwise:
(1) "Actual bona fide residents of this state" means persons who have a domicile in the state of Washington immediately prior to application for admission to a state veterans' home.
(2) "Department" means the Washington state department of veterans affairs.
(3) "Domicile" means a person's true, fixed, and permanent home and place of habitation, and shall be the place where the person intends to remain, and to which the person expects to return when the person leaves without intending to establish a new domicile elsewhere.
(4) "State veterans' homes" means the Washington soldiers' home and colony in Orting, the Washington veterans' home in Retsil, the eastern Washington veterans' home, and the Walla Walla veterans' home.
(5) "Veteran" has the same meaning established in RCW 41.04.007.
NOTES:
Effective date1993 sp.s. c 3: See note following RCW 72.36.140.
Findings1993 sp.s. c 3: See RCW 72.36.1601.
Severability1977 ex.s. c 186: See note following RCW 72.36.030.



72.36.037
Resident rights.

Chapter 70.129 RCW applies to this chapter and persons regulated under this chapter.
NOTES:
Conflict with federal requirements1994 c 214: See RCW 70.129.901.



72.36.040
Colony established—Who may be admitted.

There is hereby established what shall be known as the "Colony of the State Soldiers' Home." All of the following persons who reside within the limits of Orting school district and have been actual bona fide residents of this state at the time of their application and who have personal property of less than one thousand five hundred dollars and/or a monthly income insufficient to meet their needs outside of residence in such colony and soldiers' home as determined by standards of the department of veterans' affairs, may be admitted to membership in said colony under such rules and regulations as may be adopted by the department.
(1) All honorably discharged veterans who have served in the armed forces of the United States during wartime, members of the state militia disabled while in the line of duty, and their respective spouses or domestic partners with whom they have lived for three years prior to application for membership in said colony. Also, the spouse or domestic partner of any such veteran or disabled member of the state militia is eligible for membership in said colony, if such spouse or such domestic partner is the surviving spouse or surviving domestic partner of a veteran who was a member of a soldiers' home or colony in this state or entitled to admission thereto at the time of death: PROVIDED, That such veterans and members of the state militia shall, while they are members of said colony, be living with their said spouses or said domestic partners.
(2) The spouses or domestic partners of all veterans who were members of a soldiers' home or colony in this state or entitled to admission thereto at the time of death, and the spouses or domestic partners of all veterans who would have been entitled to admission to a soldiers' home or colony in this state at the time of death but for the fact that they were not indigent and unable to support themselves and families, which spouses or domestic partners have since the death of their said spouses or domestic partners become indigent and unable to earn a support for themselves: PROVIDED, That such spouses or such domestic partners are not less than fifty years of age and have not been married or in a domestic partnership since the decease of their said spouses or said domestic partners to any person not a member of a soldiers' home or colony in this state or entitled to admission thereto. Any resident of said colony may be admitted to the state soldiers' home for temporary care when requiring treatment.
NOTES:
Part headings not lawSeverability2008 c 6: See RCW 26.60.900 and 26.60.901.
Severability1977 ex.s. c 186: See note following RCW 72.36.030.



72.36.045
State veterans' homes—Maintenance defined.

In the maintenance of the state veterans' homes by the state through the department of veterans' affairs, such maintenance shall include, but not be limited to, the provision of members' room and board, medical and dental care, physical and occupational therapy, and recreational activities, with the necessary implementing transportation, equipment, and personnel therefor.
NOTES:
Severability1977 ex.s. c 186: See note following RCW 72.36.030.



72.36.050
Regulations of home applicable—Rations, medical attendance, clothing.

The members of the colony established in RCW 72.36.040 as now or hereafter amended shall, to all intents and purposes, be members of the state soldiers' home and subject to all the rules and regulations thereof, except the requirements of fatigue duty, and each member shall, in accordance with rules and regulations adopted by the director, be supplied with medical attendance and supplies from the home dispensary, rations, and clothing for a member and his or her spouse or domestic partner, or for a spouse or domestic partner admitted under RCW 72.36.040 as now or hereafter amended. The value of the supplies, rations, and clothing furnished such persons shall be determined by the director of veterans affairs and be included in the biennial budget.
NOTES:
Part headings not lawSeverability2008 c 6: See RCW 26.60.900 and 26.60.901.
Severability1973 1st ex.s. c 154: See note following RCW 2.12.030.



72.36.055
Domiciliary and nursing care.

The state veterans' homes may provide both domiciliary and nursing care. The level of domiciliary members shall remain consistent with the facilities available to accommodate those members: PROVIDED, That nothing in this section shall preclude the department from moving residents between nursing and domiciliary care in order to better utilize facilities and maintain the appropriate care for the members.
NOTES:
Severability1977 ex.s. c 186: See note following RCW 72.36.030.



72.36.060
Federal funds.

The state treasurer is authorized to receive any and all moneys appropriated or paid by the United States under the act of congress entitled "An Act to provide aid to state or territorial homes for disabled soldiers and sailors of the United States," approved August 27, 1888, or under any other act or acts of congress for the benefit of such homes. Such moneys shall be deposited in the general fund and shall be expended for the maintenance of the state veterans' homes.
NOTES:
Severability1977 ex.s. c 186: See note following RCW 72.36.030.



72.36.070
Washington veterans' home.

There shall be established and maintained in this state a branch of the state soldiers' home, under the name of the "Washington veterans' home," which branch shall be a home for honorably discharged veterans who have served the United States government in any of its wars, members of the state militia disabled while in the line of duty, and who are bona fide citizens of the state, the spouses or domestic partners of such veterans, and the parents any of whose children died while serving in the armed forces.
NOTES:
Part headings not lawSeverability2008 c 6: See RCW 26.60.900 and 26.60.901.
Severability1977 ex.s. c 186: See note following RCW 72.36.030.



72.36.075
Eastern Washington veterans' home.

There shall be established and maintained in this state a branch of the state soldiers' home, under the name of the "eastern Washington veterans' home," which branch shall be a home for veterans, their spouses, and the parents any of whose children died while serving in the armed forces who meet admission requirements contained in RCW 72.36.030.



72.36.077
Eastern Washington veterans' home—Funding—Intent.

The department of veterans affairs indicates that it may acquire and staff an existing one-hundred-bed skilled nursing facility in Spokane and reopen it as an eastern Washington veterans' home by using a combination of funding sources. Funding sources include federal per diem payments, contributions from residents' incomes, and federal and state medicaid payments. In authorizing the establishment of an eastern Washington veterans' home, it is the intent of the legislature that the state general fund shall not provide support in future biennia for the eastern Washington veterans' home except for amounts required to pay the state share of medicaid costs.



72.36.081
Walla Walla veterans' home.

The "Walla Walla veterans' home" is established and maintained in this state as a branch of the state soldiers' home, and is a home for veterans, their spouses, or parents any of whose children died while serving in the armed forces, who meet admission requirements contained in RCW 72.36.030.



72.36.090
Hobby promotion.

The superintendents of the state veterans' homes are hereby authorized to:
(1) Institute programs of hobby promotion designed to improve the general welfare and mental condition of the persons under their supervision;
(2) Provide for the financing of these programs by grants from funds in the superintendent's custody through operation of canteens and exchanges at such institutions;
(3) Limit the hobbies sponsored to projects which will, in their judgment, be self-liquidating or self-sustaining.
NOTES:
Severability1977 ex.s. c 186: See note following RCW 72.36.030.



72.36.100
Purchase of equipment, materials for therapy, hobbies.

The superintendent of each institution referred to in RCW 72.36.090 may purchase, from the appropriation to the institution, for operations, equipment or materials designed to initiate the programs authorized by RCW 72.36.090.
[ 1959 c 28 § 72.36.100. Prior: 1949 c 114 § 2; Rem. Supp. 1949 § 10736-2.]



72.36.110
Burial of deceased member or deceased spouse or domestic partner.

The superintendent of the Washington veterans' home and the superintendent of the Washington soldiers' home and colony are hereby authorized to provide for the burial of deceased members in the cemeteries provided at the Washington veterans' home and Washington soldiers' home: PROVIDED, That this section shall not be construed to prevent any relative from assuming jurisdiction of such deceased persons: PROVIDED FURTHER, That the superintendent of the Washington soldiers' home and colony is hereby authorized to provide for the burial of spouses or domestic partners of members of the colony of the Washington soldiers' home.
NOTES:
Part headings not lawSeverability2008 c 6: See RCW 26.60.900 and 26.60.901.
Disposition of property of deceased inmate of state institution: RCW 11.08.101, 11.08.111, 11.08.120.



72.36.115
Eastern Washington state veterans' cemetery.

(1) The department shall establish and maintain in this state an eastern Washington state veterans' cemetery.
(2) All honorably discharged veterans and their spouses or state registered domestic partners who meet eligibility requirements under 38 C.F.R. Sec. 38.620 are eligible for interment in the eastern Washington state veterans' cemetery.
(3) The department shall collect all federal veterans' burial benefits and other available state or county resources.
(4) The department shall adopt rules defining the services available, eligibility, fees, and the general operations associated with the eastern Washington state veterans' cemetery.
NOTES:
Finding2007 c 43: "The legislature recognizes the unique sacrifices made by veterans and their family members. The legislature recognizes further that while all veterans are entitled to interment at the Tahoma national cemetery, veterans and families living in eastern Washington desire a veterans' cemetery location closer to their homes. The legislature requested and received the department of veterans affairs feasibility study and business plan outlining the need and feasibility and now intends to establish a state veterans' cemetery to honor veterans in their final resting place." [ 2007 c 43 § 1.]



72.36.120
Deposit of veteran income—Expenditures and revenue control.

All income of residents of a state veterans' home, other than the personal needs allowance and income from therapeutic employment, shall be deposited in the state general fundlocal and be available to apply against the cost of care provided by the state veterans' homes. The resident council created under RCW 72.36.150 may make recommendations on expenditures under this section. All expenditures and revenue control shall be subject to chapter 43.88 RCW.
NOTES:
Effective date1993 sp.s. c 3: See note following RCW 72.36.140.
Findings1993 sp.s. c 3: See RCW 72.36.1601.
Severability1977 ex.s. c 186: See note following RCW 72.36.030.



72.36.140
Medicaid qualifying operations.

Qualifying operations at state veterans' homes operated by the department of veterans affairs, may be provided under the state's medicaid reimbursement system as administered by the department of social and health services.
The department of veterans affairs may contract with the department of social and health services under the authority of RCW 74.09.120 but shall be exempt from *RCW 74.46.660(6), and the provisions of **RCW 74.46.420 through 74.46.590 shall not apply to the medicaid rate-setting and reimbursement systems. The nursing care operations at the state veterans' homes shall be subject to inspection by the department of social and health services. This includes every part of the state veterans' home's premises, an examination of all records, including financial records, methods of administration, general and special dietary programs, the disbursement of drugs, methods of supply, and any other records the department of social and health services deems relevant.
NOTES:
Reviser's note: *(1) RCW 74.46.660 was repealed by 2010 1st sp.s. c 34 § 21.
**(2) RCW 74.46.420 through 74.46.590 were repealed by 1995 1st sp.s. c 18 § 98, effective June 30, 1998.
Effective date1993 sp.s. c 3: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [ 1993 sp.s. c 3 § 12.]
Findings1993 sp.s. c 3: See RCW 72.36.1601.



72.36.145
Reduction in allowable income—Certification of qualifying operations.

No reduction in the allowable income provided for in current department rules may take effect until the effective date of certification of qualifying operations at state veterans' homes for participation in the state's medicaid reimbursement system.
NOTES:
Effective date1993 sp.s. c 3: See note following RCW 72.36.140.
Findings1993 sp.s. c 3: See RCW 72.36.1601.



72.36.150
Resident council—Generally.

The department of veterans affairs shall provide by rule for the annual election of a resident council for each state veterans' home. The council shall annually elect a chair from among its members, who shall call and preside at council meetings. The resident council shall serve in an advisory capacity to the director of the department of veterans affairs and to the superintendent in all matters related to policy and operational decisions affecting resident care and life in the home.
By October 31, 1993, the department shall adopt rules that provide for specific duties and procedures of the resident council which create an appropriate and effective relationship between residents and the administration. These rules shall be adopted after consultation with the resident councils and the state long-term care ombuds, and shall include, but not be limited to the following:
(1) Provision of staff technical assistance to the councils;
(2) Provision of an active role for residents in developing choices regarding activities, foods, living arrangements, personal care, and other aspects of resident life;
(3) A procedure for resolving resident grievances; and
(4) The role of the councils in assuring that resident rights are observed.
The development of these rules should include consultation with all residents through the use of both questionnaires and group discussions.
The resident council for each state veterans' home shall annually review the proposed expenditures from the benefit fund that shall contain all private donations to the home, all bequeaths, and gifts. Disbursements from each benefit fund shall be for the benefit and welfare of the residents of the state veterans' homes. Disbursements from the benefits funds shall be on the authorization of the superintendent or his or her authorized representative after approval has been received from the home's resident council.
The superintendent or his or her designated representative shall meet with the resident council at least monthly. The director of the department of veterans affairs shall meet with each resident council at least three times each year.
NOTES:
Effective date1993 sp.s. c 3: See note following RCW 72.36.140.
Findings1993 sp.s. c 3: See RCW 72.36.1601.



72.36.160
Personal needs allowance.

The legislature finds that to meet the objectives of RCW 72.36.1601, the personal needs allowance for all nursing care residents of the state veterans' homes shall be an amount approved by the federal health care financing authority, but not less than ninety dollars or more than one hundred sixty dollars per month during periods of residency. For all domiciliary residents, the personal needs allowance shall be one hundred sixty dollars per month, or a higher amount defined in rules adopted by the department.
NOTES:
Effective date1993 sp.s. c 3: See note following RCW 72.36.140.
Findings1993 sp.s. c 3: See RCW 72.36.1601.



72.36.1601
Findings.

The legislature finds that continued operation of state veterans' homes is necessary to meet the needs of eligible veterans for shelter, personal and nursing care, and related services; that certain residents of veterans' homes or services provided to them may be eligible for participation in the state's medicaid reimbursement system; and that authorizing medicaid participation is appropriate to address the homes' long-term funding needs. The legislature also finds that it is important to maintain the dignity and self-respect of residents of veterans' homes, by providing for continued resident involvement in the homes' operation, and through retention of current law guaranteeing a minimum amount of allowable personal income necessary to meet the greater costs for these residents of transportation, communication, and participation in family and community activities that are vitally important to their maintenance and rehabilitation.
NOTES:
Effective date1993 sp.s. c 3: See note following RCW 72.36.140.



72.36.900
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
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