SB555: SB555 War Veterans Home; the admission of eligible nonveteran residents to a Georgia War Veterans' Home under certain circumstances; authorize

26 LC 46 1551S The House Committee on Defense and Veterans Affairs offers the following substitute to SB 555: A BILL TO BE ENTITLED AN ACT To amend Titles 10, 29, 31, 38, and 50 of the Official Code of Georgia Annotated, relating1 to commerce and trade, guardian and ward, health, military, eme rgency management, and2 veterans affairs, and state government, respectively, so as to authorize the admission of3 eligible nonveteran residents to a Georgia War Veterans' Home under certain circumstances;4 to provide for definitions; to provide limited authority to ser ve as an authorized5 representative for the purposes of completing an application for public benefits on behalf of6 a deceased individual and attending any hearing thereon or liti gating any appeal related7 thereto; to provide for the termination of such authority; to p rovide for related matters; to8 provide an effective date; to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 PART I11 SECTION 1-1.12 Title 38 of the Official Code of Georgia Annotated, relating to military, emergency13 management, and veterans affairs, is amended in Part 2 of Article 2 of Chapter 4, relating to14 S. B. 555 (SUB) - 1 - 26 LC 46 1551S war veterans home, by revising Code Section 38-4-55, relating to admissions and discharges,15 rules and regulations concerning, as follows:16 "38-4-55.17 (a) As used in this Code section, the term:18 (1) 'Eligible nonveteran resident' means a resident of this state who is either a spouse of19 a war veteran or a parent whose child or children was or were w ar veterans and died20 while serving in the armed forces.21 (2) 'Georgia War Veterans' Home' means the Georgia War Veterans' Nursing Home or22 the Georgia State War Veterans' Home.23 (a)(b) Admissions to and discharges from any facility of the Georgia State War Veterans'24 Home a Georgia War Veterans' Home shall be under the control of the governing authority25 of the facility concerned under the laws and department rules a nd regulations in force at26 the time application for admission or for discharge is presented; provided, however, that27 a war veteran or eligible nonveteran resident shall not be eligible for admission to the28 Georgia War Veterans' Nursing Home or the Georgia State War Vet erans' Home such29 home unless such war veteran individual:30 (1) Has been a resident of this state for a period of at least two years immediately prior31 to application for admission; or32 (2) Is a current resident of this state and has been a resident of this state for at least five33 years out of the last 15 years prior to application for admission.34 (c) War veterans shall retain first priority for admission, waitlisting, and bed assignment. 35 No eligible nonveteran resident may be admitted if such admission would displace or delay36 an otherwise admissible veteran when a veteran appropriate bed is available.37 (d) The Veterans Service Board or its designee may admit an eligible nonveteran resident38 who is a spouse for the limited purpose of maintaining co-occup ancy of a room in a39 Georgia War Veterans' Home with the war veteran when:40 S. B. 555 (SUB) - 2 - 26 LC 46 1551S (1) Such spouse is admitted or simultaneously applies with the war veteran to whom he41 or she is legally married; and42 (2) Co-occupancy will not reduce veteran bed availability below occupancy targets set43 by rules adopted by the Veterans Service Board.44 (e) The aggregate census of eligible nonveteran residents at a ny Georgia War Veterans'45 Home shall not exceed the lesser of:46 (1) Twenty-five percent of total operational beds in the facility;47 (2) Any lower percentage required to maintain Veterans Administration certification or48 per diem; or49 (3) Any lower percentage provided by rules adopted by the Veterans Service Board.50 (f) Provided, further, that the T h e Veterans Service Board may admit and discharge51 veterans to the Georgia State War Veterans' Home a Georgia War Veterans' Home who52 qualify for care and treatment under Title 38, U.S.C., Section 101 (19) and Section 64153 1741.54 (g) The Veterans Service Board may adopt appropriate rules consis tent with accepted55 medical considerations to determine if a war veteran an individual qualifies under this56 subsection Code section.57 (b)(h) The governing authority of such facility a Georgia War Veterans' Home s h a l l58 exercise appropriate police power and power of restraint over veterans at the Georgia State59 War Veterans' Home such facility consistent with policies applied to other patients under60 their care or responsibility.61 (i) Eligible nonveteran residents shall be private-pay residen ts unless otherwise eligible62 for third-party coverage under state or federal law.63 (j) Private-pay rates for eligible nonveteran residents shall be no less than the full cost of64 care, as determined annually by the Department of Veterans Service. When determining65 such rates, the Department of Veterans Service may consider fac tors, including, but not66 limited to, market adjustments due to acuity level, room type, and specialized services."67 S. B. 555 (SUB) - 3 - 26 LC 46 1551S PART II68 SECTION 2-1.69 Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is70 amended in Article 2 of Chapter 6B, relating to authority of agent relative to Georgia power71 of attorney, by adding a new subsection to Code Section 10-6B-53, relating to benefits from72 governmental programs or civil or military service, to read as follows:73 "(c) Notwithstanding any provision of Code Section 10-6B-10 or any other law to the74 contrary, a valid power of attorney that grants general authori ty with respect to the75 principal's entitlement to or claim for benefits from governmen tal programs or civil or76 military service shall not terminate when the principal dies, b ut shall continue after the77 principal's death for the exclusive and limited purpose of authorizing the agent to serve as78 an authorized representative, to the extent one was not previou sly appointed, for the79 purposes of completing an application for public benefits on be half of a principal and80 attending any hearing thereon or litigating any appeal related thereto; provided, however,81 that such authority shall terminate immediately upon the earlier of the appointment of such82 authorized representative by any individual or entity authorized to make such appointment83 or the appointment of a temporary administrator or personal rep resentative for the84 principal's estate by a court of competent jurisdiction."85 SECTION 2-2.86 Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is87 amended in Article 5 of Chapter 4, relating to review and termi nation of guardianship, by88 revising subsection (e) of Code Section 29-4-42, relating to te rmination of guardianship,89 required evidence, burden of proof, and return of property, as follows:90 "(e) The death of the ward automatically terminates the guardianship, except as otherwise91 provided in Code Section 29-4-43 and subsection (b.1) of Code Section 50-13-13."92 S. B. 555 (SUB) - 4 - 26 LC 46 1551S SECTION 2-3.93 Said title is further amended in Article 8 of Chapter 5, relati ng to modification and94 termination of conservatorship, by revising subsection (e) of Code Section 29-5-72, relating95 to termination of conservatorship, required evidence to support, burden of proof, and death96 of ward, as follows:97 "(e) The death of the ward automatically terminates the conservatorship except:98 (1) For for purposes of the final settlement of the petition for letters o f discharge, as99 provided in Code Section 29-5-81; or100 (2) That the conservator who is serving at the time of the ward's death shall be authorized101 to serve as an authorized representative, to the extent one was not previously appointed,102 for the purposes of completing an application for public benefits on behalf of the ward103 and attending any hearing thereon or litigating any appeal rela ted thereto; provided,104 however, that such authority shall terminate immediately upon the earliest of:105 (A) The appointment of such authorized representative by any i ndividual or entity106 authorized to make such appointment;107 (B) The appointment of a temporary administrator or personal representative for the108 ward's estate by a court of competent jurisdiction; or109 (C) The final settlement of the conservator's accounts and the conservator's discharge,110 as provided in Code Section 29-5-81."111 SECTION 2-4.112 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Chapter113 32, relating to advance directives for health care, by adding a new paragraph to subsection114 (e) of Code Section 31-32-7, relating to duties and responsibilities of health care agents, to115 read as follows:116 "(3.1) The individual who is a declarant's health care agent at the time of such declarant's117 death shall be authorized to serve as an authorized representative, to the extent one was118 S. B. 555 (SUB) - 5 - 26 LC 46 1551S not previously appointed, for the purposes of completing an app lication for public119 benefits on behalf of the declarant and attending any hearing t hereon or litigating any120 appeal related thereto; provided, however, that such authority shall terminate immediately121 upon the earlier of the appointment of such authorized representative by any individual122 or entity authorized to make such appointment or the appointmen t of a temporary123 administrator or personal representative for the declarant's estate by a court of competent124 jurisdiction."125 SECTION 2-5.126 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended127 in Article 1 of Chapter 13, relating to general provisions rela tive to administrative128 procedures, by adding a new subsection to Code Section 50-13-13, relating to opportunity129 for hearing in contested cases, notice, counsel, subpoenas, record, enforcement powers, and130 revenue cases, to read as follows:131 "(b.1) The authority of an agent under a power of attorney provided for in Chapter 6B of132 Title 10, a health care agent under an advance directive for he alth care provided for in133 Chapter 32 of Title 31, a conservator or guardian provided for in Title 29, or an authorized134 representative for the purposes of completing an application fo r public benefits, shall135 continue after the death of the principal to serve as an author ized representative for the136 purposes of completing an application for public benefits on behalf of such principal and137 attending any hearing thereon or litigating any contested case or appeal related thereto;138 provided, however, that such authority shall terminate immediately upon the earlier of the139 appointment of such authorized representative by any individual or entity authorized to140 make such appointment or the appointment of a temporary adminis trator or personal141 representative for the principal's estate by a court of competent jurisdiction."142 S. B. 555 (SUB) - 6 - 26 LC 46 1551S PART III143 SECTION 3-1.144 This Act shall become effective on July 1, 2026.145 SECTION 3-2.146 All laws and parts of laws in conflict with this Act are repealed.147 S. B. 555 (SUB) - 7 -