Veterans' Affairs, Administration

Rule R978-1

Rule Governing Veterans' Affairs

Notice of Proposed Rule

(New Rule)

DAR File No.: 35261
Filed: 09/19/2011 12:54:06 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to define the functions and mission of the Department of Veterans' Affairs as required by statute.

Summary of the rule or change:

This rule outlines the primary responsibilities and functions of the Department of Veteran Affairs. Specifically it outlines responsibilities for state veteran's nursing homes, the veterans' cemetery and memorial park, homeless veterans, veteran education programs, advocacy and informational outreach activities on veteran benefits, tracking veterans employed by the state and creating a database of Utah veterans.

State statutory or constitutional authorization for this rule:

• Section 71-8-2

Anticipated cost or savings to:

the state budget:

This is an informational rule. There is no change to the state budget over current appropriations. No additional funding is required to fully enact this rule.

local governments:

The Department of Veterans' Affairs does not have any authority to impact or regulate local governments. Nothing in this rule is anticipated to impact any local government.

small businesses:

The Department does not have authority to regulate small business. The Department is authorized to contract with local businesses in carrying out some of its functions, such as management of the state veterans' homes, and maintaining a database of Utah veterans. These individual contracts may have a positive fiscal impact on the contracted business, but no impact on the greater small business community.

persons other than small businesses, businesses, or local governmental entities:

The target population served by the Department is veterans living in Utah. There is no cost to any individual veteran for the services that are provided. There are significant cost benefits to veterans who take advantage of the services provided by the Department. Veterans receiving services in a state veterans' home will spend only about half as much for comparable care, and some will spend even less. This can be an individual savings of from $35,000 to $70,000 for each veteran or their family per year. Veterans buried at the veterans cemetery can save their families several hundreds in burial costs. Veterans participating in educational programs assisted by the G.I. bill can save thousands in post-secondary education. Veterans who avail themselves of the many state benefits can save money on everything from bus passes to fishing licenses to national parks passes. One area where veterans will benefit financially is in the applications process to receive state and federal veterans benefits. Outside firms are charging anywhere from several hundred to several thousand dollars to assist veterans in applying for aid, pensions, medical benefits and other benefits. A primary function of the department is to assist veterans in applying for all available benefits at no charge to the veteran. Collectively, the saving to Utah veterans is many millions.

Compliance costs for affected persons:

There is no compliance cost to veterans. All of the services and information provided are at no cost. Nursing home care, burial expenses, educational expenses and other cost-based services are provided to veterans at significant cost savings.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule will have minimal fiscal impact on businesses. Those businesses and veterans service organizations that contract with the department in provision of services will enjoy a positive fiscal impact, but there is nothing in the rule that will otherwise impact state or local businesses. Those businesses that charge excessive fees to veterans for assistance with basic veteran benefits may be impacted negatively as the department provides this assistance at no cost to the veterans, but nothing in the rule prevents them from continuing such business practices.

Terry Schow, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Veterans' Affairs
AdministrationRoom 202
550 Foothill Boulevard
Salt Lake City, UT 84113

Direct questions regarding this rule to:

• W. Todd Hansen at the above address, by phone at 801-584-1914, by FAX at 801-584-1916, or by Internet E-mail at wthansen@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/14/2011

This rule may become effective on:

11/21/2011

Authorized by:

Terry Schow, Executive Director

R978. Veterans' Affairs, Administration.

R978-1. Rule Governing Veterans' Affairs.

R978-1-1. Authority.

(1) This rule is established pursuant to Section 71-8-2 which established the Department of Veterans' Affairs. This rule is made pursuant to Title 63G, Chapter 3 of the Utah Administrative Rulemaking Act.

 

R978-1-2. Purpose.

(1) The purpose of this rule is to define the functions and mission of the Department of Veterans' Affairs under Sections 71-8-1 through 71-11-10 and 38 CFR.

 

R978-1-3. Definitions.

(1) Terms used in this rule are defined in Sections 71-8-1, 71-10-1, and 71-11-2.

(2) Additional terms are defined as follows:

(a) "Homeless veteran" means a qualified veteran who is currently experiencing an episode of homelessness without a stable, regular indoor place of residence.

(b) "Nursing Home" means a State licensed facility accommodating persons who require skilled nursing care and related medical services.

(c) "Stand down" is a term derived from the Vietnam war meaning a place of safe refuge from operations where soldiers can get clean clothes, warm food, basic medical and dental care, hygiene services and camaraderie. It is here applied to the provision of these services for homeless veterans.

(d) "State Officer" means the State official authorized to oversee the operations of the State veterans nursing home.

(e) "Widow" means the unmarried spouse of a deceased veteran of either sex.

 

R978-1-4. Nursing Homes.

(1) The department shall administer the various state veterans' nursing homes in accordance with Title 71, Chapter 11, Utah Veterans' Nursing Home Act.

(2) Each nursing home shall have a State Officer who shall act as the department's liaison to carry out the requirements of this act.

(3) Each home shall enforce admission requirements in accordance with Section 71-11-6 as established by the department.

(4) Each home shall comply with 38 CFR 51, "Per Diem for Nursing Home Care of Veterans" for per diem payments, per diem payments for veterans with service connected disabilities, payments for drugs and medicines for certain veterans, and nursing home standards.

(5) The department may contract with reputable nursing home management firms for the day-to-day operation of the nursing homes as provided in 38 CFR 51.210. Selection shall be by a competitive bid process with criteria established by the department. The department shall establish the duration for the management contracts and other contractual terms and conditions in the best interests of the residents.

(6) Notwithstanding the authority of the management firm to employ and direct all nursing home employees, the State Officer shall be an employee of the department and shall be independent of the management firm. The State Officer shall oversee the operations of the state nursing home.

 

R978-1-5. Cemetery and Memorial Park.

(1) The department shall administer the state veterans' cemetery and memorial park in accordance with Section 71-7-3.

(2) Fees charged for burial expenses shall be posted at the cemetery office and on the department website. Fees charges for other funeral expenses, including headstone replacement, shall be posted at the cemetery office and on the department website.

 

R978-1-6 Homeless Veterans.

(1) The department shall coordinate with local, state and federal programs providing short and long term housing for homeless veterans in the state as provided in Subsection 71-8-3 (1)(d).

(2) The department shall direct a stand down for homeless veterans to assist in their temporal, physical and mental needs at least annually.

 

R978-1-7. Education Programs.

(1) The department shall administer the State Approving Agency (SAA) for Veterans Education as directed in Subsection 71-8-3(1)(e).

(2) The SAA shallperform all duties necessary for the inspection, approval and supervision of educational programs offered by qualified educational institutions, training establishments, and tests for licensing and certification in accordance with the standards and provisions of 38 U.S.C. 30, 32, 33, 35, and 36, and 10 U.S.C. 1606 and 1607.

(3) The SSA shall provide in-depth technical assistance and outreach liaison with all related organizations, agencies, individuals and activities to help veterans and other eligible persons achieve their educational and vocational goals.

(4) The SSA shall reach out to eligible persons and inform them of their benefits through the GI Bill, which will assist veterans in making the most informed decision toward their vocational and educational goals.

(5) The SSA shall perform other duties and functions as determined by the U.S. Department of Veteran Affairs via annual contract for SSA services.

 

R978-1-8. State Benefits.

(1) The department shall assist veterans, their widows and dependents in procurement of all rights and benefits which may accrue to them by reason of military service to the United States in accordance with Section 71-9-1. Specifically, the department shall disseminate information on benefits to veterans and interested parties via:

(a) community outreach

(b) fairs, exhibits and community events

(c) the Utah Veterans Voice newspaper and other appropriate media

(d) the department's public website (http://veterans.utah.gov)

(e) cooperative activities with other veterans organizations

(2) Specific state benefits that the department shall assist veterans and their dependents in securing include:

(a) Disabled Veteran Property Tax Abatement

(b) Purple Heart Tuition Waiver

(c) Purple Heart Fee Exemption

(d) Scott B Lundell Tuition Waiver for military members' surviving dependents

(e) Honorary high school diplomas

(f) Veteran's license plates

(g) Free use of armories

(h) Fishing license privileges

(i) Special fun tags

(j) America the Beautiful pass

(k) Trax/bus reduced fare cards

(l) Veterans Upward Bound

(m) Such other state benefits to veterans as may be established by statute

 

R978-1-9. Federal Benefits.

(1) The department cannot administer any federal veterans benefit programs, but it shall provide information and assistance to veterans, their widows and dependents in understanding and navigating the rules of federal veterans' benefits. These federal benefits include:

(a) veterans compensation and pensions

(b) Dependency and indemnity compensation (DIC) payments

(c) Disability compensation

(d) Home loan guarantee program

(e) Post 9-11 G.I. Bill

(2) The department may contract with other military service organizations to assist veterans, their spouses, widows and dependents in securing their rights, benefits, and employment preferences as provided in Section 71-9-1.

 

R978-1-10. Tracking Veteran Employees.

(1) The department shall coordinate with the Utah State Department of Human Resource Management (DHRM) to maintain current counts of the number of veterans employed by the State of Utah in each department, as provided in Subsection 71-8-3 (5). The department shall encourage state agencies and departments to properly record veteran status for all employees.

(2) A count of veterans in state government shall be updated and kept on file at least twice per year.

 

R978-1-11. Record of Veterans.

(1) The department shall create and maintain a record of veterans in Utah as provided in Subsection 71-8-3 (6).

(2) The department shall maintain a searchable self-registration for Utah veterans on the department website.

(3) The department shall work with the Utah Department of Information Technology, the Department of Workforce Services, and the Utah Drivers License Division to develop a searchable, digital database of Utah veterans.

(4) The department shall secure paper and digital copies of veterans' form DD-214 to assist in creating a database of verified veterans from Utah and to assist Utah veterans in securing all available benefits.

(5) The department shall contract, as appropriate, for technical assistance in creating and maintaining veterans' databases.

 

KEY: veterans' affairs

Date of Enactment or Last Substantive Amendment: 2011

Authorizing, and Implemented or Interpreted Law: 71-8-2