§ 7.8. Payment of maintenance fees.
(a) Maintenance fees. The Commonwealth is authorized to recover the costs of maintaining a person in a State Veterans Home under Pennsylvania statute. A person will not be denied admission to a veterans home on grounds of inability to pay maintenance fees.
(b) Monthly payment of maintenance fees. A resident of a State Veterans Home is required to make monthly payments against maintenance fee liability in accordance with the resident’s ability to pay. The maximum amount of the monthly payment shall be 1/12 of the annual per capita cost of maintaining the resident at the home. The monthly payment may be reduced to reflect the ability of the resident to pay. In calculating the amount of reduction of the monthly maintenance fee, the Commandant will insure that a resident retains at least $100 plus 20% of the balance of income for the month to take care of the resident’s personal needs. A resident with a spouse residing at home may retain $200 plus 20% of the balance of their income. In addition to this standard adjustment, the Commandant may approve further reductions in monthly maintenance fee payments where a resident demonstrates that his particular circumstances of income and necessary expenses justify payment of a reduced fee.
(c) Appeal of monthly maintenance fees. A resident who disagrees with the Commandant’s determination as to the monthly maintenance fee may request review of the determination by the Director of the Bureau of Veterans Affairs. The request for review shall be in writing and state the reasons why the resident believes he lacks the ability to pay maintenance fees at the monthly rate established by the Commandant. A Commandant may submit a response to the request for review indicating the reasons for the determination. A copy of the Commandant’s response shall be provided to the resident for review and comment. The Director of the Bureau for Veterans Affairs will review the materials submitted by the resident and the Commandant and will provide a written determination to the resident and the Commandant stating the amount of the monthly maintenance fee to be paid and the reasons for the determination. The Director’s determination may be appealed under § 7.10 (relating to appeals).
(d) Liability for cost of maintenance. Acceptance of reduced amount of monthly maintenance fees does not relieve a person or estate of liability for payment for the full cost of the maintenance under Pennsylvania statute.
(e) Deposit of maintenance fees. A payment of maintenance fees shall be deposited with the Treasurer of the Commonwealth under the appropriate augmenting revenue code.
(f) Exclusions to monthly maintenance fees. In order to encourage a resident to participate in therapeutic activities that may result in incidental income to the resident, up to $200 per month of income earned as a result of participation in therapeutic activities, such as craft shows and sales, Senior Companion Programs, assistance in morale, welfare and recreational activities and like functions may be excluded when calculating the amount of the monthly maintenance fee payments.
Source The provisions of this § 7.8 amended through April 18, 1986, effective April 19, 1986, 16 Pa.B. 1425. Immediately preceding text appears at serial pages (33837) to (33838).
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