80-316 Division of Veterans' Homes; purpose; admission; requirements. - Nebraska Statutes

80-316. Division of Veterans' Homes; purpose;admission; requirements.(1) The purpose of the Divisionof Veterans' Homes of the Department of Health and Human Services is to providedomiciliary and nursing home care and subsistence to:(a) All persons who served onactive duty in the armed forces of the United States otherthan active duty for training and who were discharged or otherwiseseparated with a characterization of honorable or general (under honorableconditions) if, at the time of making an application for admission to oneof the Nebraska veterans homes:(i) The applicant has been a bona fide resident of the State of Nebraskafor at least two years;(ii) The applicant has become disabled due to service, old age, or otherwiseto an extent that it would prevent such applicant from earning a livelihood;and(iii) The applicant's income from all sources is such that the applicantwould be dependent wholly or partially upon public charities for support orthe type of care needed is available only at a state institution;(b) The spouse of any such person admitted to one of the homes who hasattained the age of fifty years and has been married to such member for atleast two years before his or her entrance into the home;(c) Subject to subsection (2) of this section, the surviving spousesand parents of eligible servicemen and servicewomen as defined in subdivision(a) of this subsection who died while in the service of the United Statesor who have since died of a service-connected disability as determined bythe United States Department of Veterans Affairs; and(d) Subject to subsection (2) of this section, the surviving spousesof eligible servicemen or servicewomen as defined in subdivision (a) of thissubsection who have since died.(2) The surviving spouses and parents referred to in subdivision (1)(c)or (d) of this section shall be eligible for such care and subsistence if,at the time of applying, they:(a) Have been bona fide residents of the State of Nebraska for at leasttwo years;(b) Have attained the age of fifty years;(c) Are unable to earn a livelihood; and(d) Are dependent wholly or partially upon public charities or the typeof care needed is available only at a state institution.(3) No one admitted to one of the Nebraska veterans homes under conditionsenumerated in this section shall have a vested right to continued residencein such home if such person ceases to meet any of the eligibility requirementsof this section, except that no person who has been regularly admitted shallbe denied continued residence solely because of his or her marriage to a memberof one of the homes. SourceLaws 1997, LB 396, § 5; Laws 2005, LB 54, § 26; Laws 2007, LB296, § 719; Laws 2009, LB488, § 1.