Idaho Administrative Code — Veterans Services, Division of

IDAPA 21 Veterans Services, Division of

21.01.01 Rules Governing Admission, Residency, and Maintenance Charges in Idaho State Veterans Homes and Division of Veterans Services Administrative Procedure

IDAPA 21.01.01.000 Legal Authority

Sections 65-202, 65-204, and 66-907, Idaho Code.(7-1-26)

IDAPA 21.01.01.001 Scope

These rules contain provisions for determining eligibility fo r admission and for establishing charges for residency in Idaho State Veterans Homes, together with rules of administrative procedure before the Idaho Veterans Affairs Commission.(7-1-26)

IDAPA 21.01.01.002 Policy

Through the facilities and services available at Idaho State Veterans Homes, the Division of Veterans Services will provide necessary care for honorably discharged eligible veterans. No applicant will be denied admission on the basis of sex, race, color, age, political or religious opinion or affiliation, national origin, or lack of income, nor will any care or other benefit at a Home be provided in a manner, place, or quality different than that provided for other residents with comparable disabilities and circumstances. However, if residents are financially able to do so, they must contribute to the cost of their care, with allowances made for retention of funds for their personal needs.(3-23-22)

IDAPA 21.01.01.003 Incorporation by Reference

01.Incorporated Documents. These rules incorporate by reference:(3-23-22) a.5 U.S.C. Section 2108(1) dated October 7, 2015.(3-23-22) b.38 CFR Part 51, Subpart A, B, C, and D dated November 28, 2018.(7-1-26)

02.Document Availability. Copies are available from the Superintendent of Documents, U.S.

Government Printing Office, Washington, D.C. 20402-0001. (3-23-22)

IDAPA 21.01.01.004 (Reserved)

IDAPA 21.01.01.010 Definitions

For the purposes of the rules contained in this Chapter , the following terms are used as defined:(3-23-22)

01.Applicant. A person who has expressed interest in applying for residency in an Idaho State Veterans Home.(3-23-22)

02.Asset. Real or personal property that is owned in whole or in part by an applicant or resident, including stocks, bonds, goods, rights of action, evidences of debt, and cash or money that is not income. Insurance payments or monetary compensation for loss of or damage to an asset is an asset. Income not expended in the calendar month received is an asset beginning on the first day of the next calendar month.(3-23-22)

03.Bona Fide Resident. A person who maintains a principal or primary home or place of abode in the state of Idaho coupled with the present intent to remain at that home or abode and return to it after any period of absence pursuant to Section 66-901, Idaho Code.(3-23-22)

04.Commission. The Idaho Veterans Affairs Commission.(3-23-22)

05.Division. Division of Veterans Services in the Idaho Department of Self Governing Agencies.

06.Division Administrator. The Administrator of the Division of Veterans Services in the Department of Self Governing Agencies, or his designee. The chief officer of the Division of Veterans Services.(3-23-22)

07.Home Administrator. Administrator of an Idaho State Veterans Home. The chief officer of each respective Veterans Home.(3-23-22)

08.Home. An Idaho State Veterans Home.(3-23-22)

09.Idaho State Veterans Home. Pursuant to Section 66-901, Idaho Code, a Home for eligible veterans.(3-23-22)

10.Income. Money received from any source including wages, tips, commissions, private pension and retirement payments, social security benefits, unemployment compensation, veterans assistance benefits, and gifts.

11.Legal Dependents. The mother, father, spouse, or minor children of an applicant or a resident who, by reason of insufficient financial resources, or non-minor children who because of disease, handicap or disability, must have financial support from the applicant or resident in order to maintain themselves.(3-23-22)

12.Liquid Assets. Those assets which are cash or can be liquidated for cash within a reasonable period of time including, but not limited to, money market certificates, certificates of deposit, stocks and bonds, and some tax shelter investments.(3-23-22)

13.Maintenance Charge. A charge made for care and residence at an Idaho State Veterans Home, based upon the current established rate.(3-23-22)

14.Net Income. That income used to compute charges after allowable deductions have been made.

15.Resident. A person who is a resident of an Idaho State Veterans Home.(3-23-22)

16.Spouse. The husband or wife, under a marriage recognized by Title 32, Idaho Code, of a veteran or the widow or widower of a veteran under a marriage recognized by Title 32, Idaho Code.(3-23-22)

17.VA. United States Department of Veterans Affairs.(3-23-22)

18.Veteran. Has the meaning established in Section 65-203, Idaho Code. The separation or discharge considered under this definition means the conditions of the most recent separation or discharge from military service.(3-23-22)

IDAPA 21.01.01.011 (Reserved)

IDAPA 21.01.01.050 Administrative Powers

The Home Administrator has full authority in the management of a Home, subject to review by the Division Ad ministrator and Commission. A Home Administrator can, in the execution of his duties, delegate certain responsibilities to his staff. When requested by the Division Administrator, the Home Administrator will attend regular and special meetings of the Commission.(3-23-22)

01.Representative Powers. The Division Administrator is authorized to represent the Commission in all official transactions between the Homes and other departments of Idaho state government.(3-23-22)

02.Investigation Powers. Upon receipt of an application for residency and for the duration of residency of any resident, the Division is authorized to conduct an investigation to determine the total value of the property and assets of the applicant/resident to determine his ability to pay maintenance charges established in this Chapter pursuant to Section 66-907, Idaho Code.(3-23-22)

03.Inspection Powers. Inspection of the rooms and facilities of a Home, as well as of the dress and appearance of all residents, can be conducted at any time by the Home Administrator.(3-23-22)

04.Emergency Powers. In an emergency, the Home Administrator is authorized to use his judgment in matters not specifically covered by a statute, order, rule, or policy.(3-23-22)

IDAPA 21.01.01.051 (Reserved)

IDAPA 21.01.01.075 Administrative Duties

The Home Administrator will enforce all orders and rules and implement all policies of the Division in the administration of a Home.(3-23-22)

01.Management of Records. The Home Administrator must maintain accurate fiscal and resident records.(3-23-22)

a.Nursing care records. Records relating to each resident of a Home will be kept in accordance with Idaho Department of Health and Welfare Rules, IDAPA 16.03.02, and VA Rules 38 CFR Part 51; Subpart A, B, C, and D dated November 28, 2018. (7-1-26)

02.Response to Complaints. The Home Administrator will respond in writing to any written and signed complaint made by a resident pursuant to Section 300 of these rules.(3-23-22)

IDAPA 21.01.01.076 (Reserved)

IDAPA 21.01.01.100 Eligibility Requirements

Applicants and residents must satisfy the following requirements:(3-23-22) 01.

Veterans or Eligible Spouse.(3-23-22)

Applicants for and residents of a Home must be a veteran or the spouse of a veteran who is eligible for admission to a Home. The death of a veteran shall not disqualify a resident spouse if the veteran was eligible for admission to a Home at the time of death.(7-1-26)

02.Incompetent Applicants. Applicants and residents who are incompetent must provide copies of a legally sufficient guardianship or power of attorney.(3-23-22)

03.Necessity of Services. Applicants and residents must meet the requirements for the level of care for which they apply or are receiving.(7-1-26)

a.At the time each resident is admitted, the facility must have physician orders for the resident's immediate care and a medical assessment in accordance with VA Rules 38 CFR Part 51; Subpart A.(7-1-26)

b.At the request of the Home, residents must provide recertification of their need for services from a VA physician or a physician currently licensed by the Idaho Board of Medicine to practice medicine or surgery in the state of Idaho.(7-1-26)

04.Placement Restriction. A Home shall not accept applicants or continue to extend care to residents for whom the facility does not have the capability or services to provide an appropriate level of care.(3-23-22)

05.Financial Statement. Each applicant must file a signed, dated statement with the Home Administrator containing a report of income from all sources and a report of all liquid assets which will be used to determine the amount of the maintenance charge which is required in accordance with Section 66-907, Idaho Code, and these rules.(3-23-22)

06.Social Security Benefits. If eligible for Social Security benefits, the applicants and residents and their spouses must apply for those benefits unless waived by the Home Administrator.(3-23-22)

07.Medicare Coverage. If eligible for Medicare, the applicants and residents must elect to participate, unless participation is waived by the Home Administrator.(3-23-22)

08.VA Pension. Unless waived by the Home Administrator, a wartime veteran, as defined in 5 U.S.C.

Section 2108, who is an applicant or resident must be eligible for, apply for, or be in receipt of a VA disability pension in accordance with Public Law 95588. Such waivers may be considered only when the applicant or resident has signed a statement that he is able to defray the necessary expenses of the medical care for which he is applying or receiving and arrangements are made to secure medical services not provided by the VA.(7-1-26)

09.Agreements for Behavior and Care Needs. The Homes may require that applicants or residents enter into agreements concerning the applicant or resident’s behavior or care needs while residing in the Home. The resident’s failure to perform these agreements is a basis for discharge from the Home.(3-23-22)

10.Limit on Admission of Spouses. Unless waived in writing by the Division Administrator, a Home shall not accept spouses for admission if the Home’s residency is at ninety-five percent (95%) or more of capacity.

Homes shall not admit a spouse if the number of spouses residing in the home will exceed twenty-five percent (25%) of the residents of the Home following admission of the applicant.(3-23-22)

IDAPA 21.01.01.101 (Reserved)

IDAPA 21.01.01.150 Application Procedure

01.Submission of Application.

An application may be submitted to the administrative offices of a Home on a form from the Division.(3-23-22)

02.Application Processing. Completed applications will be processed no later than three (3) working days from receipt.(3-23-22)

03.Waiting List. An applicant who is approved for admission for whom a vacancy does not exist will be placed on a waiting list and accepted on a first come, first served basis dependent on the Home's ability to provide a level of care consistent with the needs of the applicant. The Home Administrator may award “priority status” to prospective Home residents resulting in their names being placed near the top of the Home waiting list, provided they have completed all preadmission requirements and meet one (1) or more of the following criteria:(3-23-22)

a.Veterans who served during any war or conflict officially engaged in by the government of the United States.(3-23-22)

b.Previous residents of Homes who have been discharged for therapeutic treatment or to live in a lesser level of care or in an independent setting and whose discharge plan indicates a readmission priority. (3-23-22)

c.Current Home residents who demonstrate a need for a level of care provided by a Home and who would benefit from maintaining a stable environment.(3-23-22)

d.Receive special consideration as per the request of the medical director because of his desire to provide a very specific continuum of care.(3-23-22)

IDAPA 21.01.01.151 (Reserved)

IDAPA 21.01.01.200 Denial of Admission

Admission may be denied to an otherwise eligible applicant for any reason for which an admitted resident could be inv oluntarily discharged.(4-6-23)

IDAPA 21.01.01.201 (Reserved)

IDAPA 21.01.01.202 Acknowledgment of Conditions Leading to Discharge

Upon admission to a Home, each resident will be advised in writing of the conditions under which immediate discharge will occur, as specified in Section 350 of these rules. Each resident must acknowledge receipt of this information by signature, and that acknowledgment will be a permanent part of each resident's file.(3-23-22)

IDAPA 21.01.01.203 (Reserved)

IDAPA 21.01.01.300 Conduct of Residents

Each resident must comply with applicable rules in this Chapter and with any order or directive of the Home Administrator. All complaints made by the residents concerning food, quarters, ill treatment, neglect, abusive language, or other violations of any rule or standard applicable to the Home, or complaints against the operation of a Home may be made either verbally or in writing to the Home Administrator.(3-23-22)

01.No Operation of Motor Vehicles by Residents. The operation or storage of privately owned motor vehicles by residents is prohibited on Home property.(7-1-26)

02.Housekeeping.(3-23-22)

a.Housekeeping services for residents shall be provided by the Home.(7-1-26)

b.All residents are prohibited from:(3-23-22)

i.Washing clothes or other articles which present a health or safety hazard in resident rooms or bathrooms;(3-23-22)

ii.Using electrical devices, including televisions, radios, recorders, and shavers, until they have been certified by Home maintenance staff as being safe for use;(3-23-22)

iii.Entering the kitchen, laundry, shop or mechanical spaces without permission; and(3-23-22)

iv.Interfering or tampering with the heating, refrigeration or air conditioning systems, televisions, lighting, appliances, plumbing, or mechanical equipment at the Home without authorization.(3-23-22)

03.Personal Conduct. Each resident must adhere to the following:(3-23-22)

a.Requirements:(3-23-22)

i.Observing cleanliness in person, dress and in living habits;(3-23-22)

ii.Bathing or showering frequently; and(3-23-22)

iii.Observing the smoking policies of a Home in accordance with Section 300.03.b.vi. of these Rules.

(7-1-26)

b.Prohibitions:(3-23-22)

i.Creating a disturbance or using intoxicating beverages or nonprescribed controlled substances in the buildings or on the grounds (unless prescribed by a physician);(3-23-22)

ii.Marking or writing on the walls of a building, or damaging the grounds or any other property;

iii.Using profanity or exhibiting vulgar behavior in the Home or in any other public place; (3-23-22)

iv.Becoming involved in quarrels, persistent dissension or criticism of others;(3-23-22)

v.Lending money to, or borrowing money from, another resident or an employee of the Home;

vi.Smoking on state property, unless grandfathered in prior to each Home becoming a smoke-free facility for residents (on or about July 1, 2023). Residents smoking adjacent to state property without a proper assessment is also unauthorized;(7-1-26)

vii.Taking food (other than fresh fruit for consumption within a reasonable time period), condiments, dishes or utensils from the dining room;(3-23-22) viii.Cooking or using heating devices in residents' rooms or other unauthorized areas; and(3-23-22)

ix.Storing flammable or combustible material including, but not limited to, gasoline, butane, solvents, and acetone on Home grounds.(3-23-22)

IDAPA 21.01.01.301 (Reserved)

IDAPA 21.01.01.350 Transfer and Discharge of Residents

A resident can be transferred or discharged, for a period to be det ermined by the Home Administrator, for the bases set forth in Section 350 of these rules. The Home Administrator will provide notice of transfer or discharge and the opportunity to appeal a transfer or discharge in accordance with Section 980 of these rules.(3-23-22)

01.Emergency Discharge or Transfer. Upon determination by the Home Administrator that an emergency exists, a resident may be immediately discharged or transferred.(3-23-22)

02.General Discharge or Transfer. If the Home Administrator determines that one (1) or more of the following is present or has occurred, the resident may be discharged or transferred from the Home:(3-23-22)

a.Possession of a lethal weapon of any kind by the resident on Division property; possession of wine, beer, or liquor by the resident on Division property, unless prescribed by the resident's physician; or possession of a controlled substance or medication by the resident, unless prescribed by the resident's physician;(7-1-26)

b.Excessive or habitual intoxication;(3-23-22)

c.Willfully destroys or wrongfully appropriates state or another person's property;(3-23-22)

d.Failure to comply with the rules of this Chapter or a written directive of the Home Administrator or the Division Administrator;(3-23-22)

e.Financial conditions set forth in Section 950 of these rules are present;(3-23-22)

f.Engages in a pattern of behavior that infringes upon the rights of another person;(3-23-22)

g.Endangers the safety, wellbeing, or health of the resident or other persons or disrupts the peace of the home;(3-23-22)

h.The resident is required by law to register as a sex offender. Should it be determined by the Home that it must provide resources in excess of those provided to other residents to ensure the safety of the resident or other persons;(3-23-22)

i.The resident does not meet the requirements and limitations set forth in Section 100 of these rules.

03.Discharge or Transfer During Absence. A resident who is absent from the Home may be discharged or transferred due to one (1) or more of the following:(3-23-22)

a.The Home will not have the capability or services to provide an appropriate level of care to the resident upon the resident’s return to the Home;(3-23-22)

b.The resident has not resided in the facility for 30 days.(7-1-26)

c.The resident ceases to pay the resident’s maintenance charges or a bed hold charge applicable to an absence.(3-23-22)

04.Voluntary Transfer or Discharge. A resident may be transferred or discharged at any time upon voluntary consent of the resident.(3-23-22)

IDAPA 21.01.01.351 (Reserved)

IDAPA 21.01.01.851 Available Services

01.Services.

The Division will make available the services listed below for residents:(7-1-26)

a.Dental Hygiene.(7-1-26)

b.Lab.(7-1-26)

c.Nursing (Skilled).(7-1-26)

d.Pharmaceutical.(7-1-26)

e.Physical Therapy.(7-1-26)

f.Physician.(7-1-26)

g.Speech Therapy.(7-1-26)

h.X-Ray.(7-1-26)

i.Barber/Beauty Shop.(3-23-22)

j.Chaplain.(3-23-22)

k.Dietary.(3-23-22)

l.Laundry.(3-23-22)

m.Referral.(3-23-22)

n.Social Work.(3-23-22)

o.Therapeutic Recreation.(3-23-22)

p.Limited Transportation.(3-23-22)

IDAPA 21.01.01.852 (Reserved)

IDAPA 21.01.01.880 Financial Condition of Applicants/Residents

Each applicant/resident or his legal represen tative must submit a signed and dated financial statement to the Home Administrator on which his income and liquid assets from all sources are reported. The statement must also indicate whether the applicant/resident is responsible for the support of any legal dependent who should be considered in fixing the amount of monthly charges. If changes occur in the applicant's/resident's income or liquid assets, it is the applicant's/resident's responsibility to submit an accurate financial statement immediately.(3-23-22)

01.Investigation of Financial Condition. The Division is authorized to investigate the financial condition of applicants/residents to determine their ability to pay maintenance charges. An applicant/resident may need to provide a power of attorney or a release of information to the Home Administrator in order to assist in investigating his financial condition and to aid in securing any benefits for which he may be eligible.(3-23-22)

02.Retroactive Income. In the event an applicant/resident is awarded retroactive income from any source, he is responsible to report this award to the Home Administrator and to pay his maintenance charge retroactive to the effective date of income.(3-23-22)

IDAPA 21.01.01.881 (Reserved)

IDAPA 21.01.01.915 Maintenance Charges

Upon becoming a resident of a Home, each resident is liable for the payment of a maintenance charge as well as expenses for supplies, medication, equipment, and services (other than basic services for the assigned level of care) that are not provided or paid for by VA, Medicaid, Medicare, or other insurance unless otherwise determined by the Home Administrator. Residents living in a Home for any part of a month must pay for each day, based on the actual number of days in the month, at that fraction of their total charge. Refusal or failure to pay the established maintenance charge or related expenses is cause for discharge from the Home.(3-23-22)

01.Charges. Charges shall be computed, based on payment source to include VA, Medicaid, Medicare, or full cost of care.(3-23-22)

02.Payment Schedule. Maintenance charges are due the first of each month and must be paid in full by the resident or guardian on or before the tenth day of the month. Payments may be made either by cash or by check, and a receipt will be issued.(3-23-22)

03.Leave of Absence or Hospitalization. Residents receiving Medicaid, Medicare, or VA per diem will be charged for leave of absence or hospitalization in accordance with Medicaid, Medicare, and VA requirements.

The Home will not reduce charges for leave of absence or hospitalization of residents not qualifying for Medicaid, Medicare, or VA payment for such absence and each day will count as if the resident were present at a Home. Unless waived by the Home Administrator or prohibited by law, the Home will charge residents receiving Medicaid, Medicare, or VA per diem the current VA per diem rate for each absent day of a leave of absence or hospitalization in excess of the period eligible for payment by Medicaid, Medicare, or the VA.(3-23-22)

04.Medicaid Eligibility. All residents, including re-admitted residents must either apply for or become eligible for Medicaid benefits, or must pay the maximum monthly charge as it may be established from time to time. Eligibility for Medicaid benefits is determined entirely by the Idaho Department of Health and Welfare and its agents. Residents who cannot, or choose not to, qualify for Medicaid are required to pay for services in full from other than Medicaid funds. Care and services for those residents who are Medicaid eligible will be billed to and paid by Medicaid. Residents eligible for Medicaid will be assessed a fee equal to the resident’s liability as determined by Medicaid.(7-1-26)

IDAPA 21.01.01.916 Monthly Charges and Allowances

01.Establishment. Pu rsuant to Section 66-907, Idaho Code, maximum monthly charges are established by the Division Administrator with the advice of the Commission. A schedule of charges will be available in the business office of each Home. Charges will be reviewed from time to time by the Division Administrator and the Commission.(7-1-26)

a.Changes to Charges. Members of the public may comment on proposed changes at meetings of the Commission when changes are considered.(3-23-22)

b.Notification and Posting. When changes are made to charges, residents or their families or sponsors will receive written notification and changes will be posted in the business office of each Home a minimum of thirty (30) days prior to the effective date of the change.(3-23-22)

IDAPA 21.01.01.917 (Reserved)

IDAPA 21.01.01.950 Financial Grounds for Rejection or Discharge

The following circumstances may be considered as grounds for rejection of an application for residency or for revocation of residency and subsequent discharge. (When an application is rejected or a resident discharged, the applicant/resident will be given notification of intended application rejection or discharge, in accordance with the provisions in Section 982 of these rules.)(3-23-22)

01.Disposal of Assets. If the Home Administrator determines that an applicant/resident has disposed of assets following or within sixty (60) months preceding initial application for residency, which would have the effect of reducing his maintenance charge, such action can lead to rejection of the application or discharge from a Home.(3-23-22)

02.Failure to Pay Maintenance Charge. Refusal or failure to pay the established maintenance charge can be cause for discharge from a Home. If the resident is so discharged, or leaves a Home voluntarily, the resident will not be eligible for readmission to a Home until all indebtedness to the Home is paid in full, or acceptable arrangements have been made with the Home Administrator for repayment.(3-23-22)

03.Failure to Pay for Services.(3-23-22)

a.Residents who are excluded from receiving free services from a VA Medical Center may elect to purchase such services through a sharing agreement or contract between a Home and a VA Medical Center or an outside provider when such sharing agreement or contract exists. In those cases where sharing agreement or contract costs are borne by a Home, the resident must reimburse the Home for the costs of services provided.(3-23-22)

b.Failure to reimburse a Home or a service provider within ten (10) days after receipt of a bill for services provided under a sharing agreement or contract may result in a resident's discharge from the Home.

IDAPA 21.01.01.951 (Reserved)

IDAPA 21.01.01.980 Notice of Resident Transfer or Discharge and Notice of Denial of an

APPLICATION FOR RESIDENCY.

The Home Administrator or his designee must notify the applicant or resident of any action to be taken regarding rej ection of an application or involuntary transfer or discharge from a Home. The Home does not need to provide notice of voluntary transfer or discharge pursuant to Subsection 350.04 of these rules.(4-6-23)

01.Form of Notice.(7-1-26)

a.Notices of involuntary transfer or discharge must be in writing.(7-1-26)

b.Notices of denial of application or ineligibility for residency can be made orally.(7-1-26)

02.Content of Notice of Transfer or Discharge. The notice must state the following:(3-23-22)

a.The reason for the impending action and a reference to the pertinent rules under which the action is being brought or decision has been made;(3-23-22)

b.The effective date of the action;(3-23-22)

c.The location to which the resident is transferred or discharge;(7-1-26)

d.The resident's right to request a hearing according to the deadlines in Section 982 of these rules; and(7-1-26)

e.The procedure for requesting a hearing, as provided in Subsection 982.02 of these rules. (3-23-22)

f.The name, address, and telephone number of the State long term care ombudsman;(3-23-22)

g.The name, address, and telephone number of the State Disability Rights agency responsible for the protection and advocacy for those residents with developmental disabilities or mental illness. (3-23-22)

03.Notification Deadlines. Notice shall be provided to the applicant or resident according to the following deadlines:(4-6-23)

a.Denial of application or findings of ineligibility. Notice of a denial of application or findings of ineligibility for residency will be made as soon as practical citing the reasons for rejection.(7-1-26)

b.Discharge or transfer notices to residents must be received as follows: (7-1-26)

i.Notices of general discharge or transfer pursuant to Subsections 350.02 and 350.03.c. of these rules must be sent to the resident thirty (30) days prior to the intended effective date of the action.(7-1-26)

ii.Notices of emergency discharge or transfer pursuant to Subsection 350.01 of these rules must be sent to the resident as soon as practical.(3-23-22)

iii.Notice of discharge or transfer for a resident who has not resident in the facility for thirty (30) days pursuant to Subsections 350.03.a. and 350.03.b. must be made as soon as practicable before the action is taken.

(7-1-26)

IDAPA 21.01.01.981 Appeal Procedure

Upon notification to a resident of transfer or discharge from a Home by the Home Administrator, the resident may request a hearing in accordance with the provisions in Section 982, “Provisions for Contested Cases,” of these rules.

Any additional violation of Home rules by a resident while on notice of transfer or discharge will be treated independent of any pending appeal.(3-23-22)

IDAPA 21.01.01.982 Provisions for Contested Cases

01.Hearing Rights. Resi dents have the following rights to a hearing:(7-1-26)

a.If a resident of a Home is notified of transfer or discharge, the resident will be afforded an opportunity for a hearing. A resident will not be afforded an opportunity for a hearing based upon a voluntary transfer or discharge under Subsection 350.04 of these rules.(7-1-26)

02.Requesting a Hearing. A request for a hearing from a resident for residency in a Home must be submitted to the Idaho Department of Health and Welfare, P.O. Box 83720, Boise, Idaho 83720-0036. Requests for appeal should be received by the Idaho Department of Health and Welfare before thirty (30) days have passed in order to stop the discharge or transfer before it occurs.(7-1-26)

IDAPA 21.01.01.983 (Reserved)

21.01.04 Rules Governing Idaho State Veterans Cemeteries

IDAPA 21.01.04.000 Legal Authority

Section 65-202, Idaho Code.( 7-1-25)

IDAPA 21.01.04.001 Scope

These rules contain provisions for eligibility for interment at Idaho State Veterans Cemeteries and the provisions for operation and maintenance of Idaho State Veterans Cemeteries.(3-23-22)

IDAPA 21.01.04.002 (Reserved)

IDAPA 21.01.04.010 Definitions

01.Administrator.

The Administrator of the Idaho Division of Veterans Services or his designee.

02.Applicant. The individual requesting interment, disinterment or reinterment of a qualified person.

03.Armed Forces Member. A member or former member of the armed forces of the United States, the reserve component of the armed forces of the United States, the reserve officers training corps of the United States, or the armed forces of an ally of the United States who is eligible for burial in national cemeteries pursuant to 38 CFR 38.620 and 38 U.S.C. Section 2402.(3-23-22)

04.Cemetery. Idaho State Veterans Cemeteries authorized pursuant to Section 65-108, Idaho Code.

05.Committal Service. A gathering of one (1) or more individuals prior to interment or reinterment.

06.Cremains. Cremated human remains.(3-23-22)

07.Disinterment. The removal of human remains from their place of interment.(3-23-22)

08.Division. The Idaho Division of Veterans Services.(3-23-22)

09.Interment. The disposition of human remains by burial or the placement of cremains in a grave plot or in any location designated by the Administrator for use as a permanent location of cremains.(3-23-22)

10.Qualified Person. A person who satisfies the requirements for eligibility for interment in national cemeteries found at 38 CFR 38.620 and 38 U.S.C. Section 2402 and is not prohibited from being interred by 38 CFR 39.10(b)); or a member or former member of the reserve component of the armed forces of the United States; the reserve officers training corps of the United States; or members of the Army National Guard or Air National Guard who completed at least one (1) term of enlistment, or officers who completed at least four (4) years of service.

(7-1-25)

11.Reinterment. The interment of previously interred human remains.(3-23-22)

12.Unremarried Spouse. An individual who is the surviving spouse of a deceased armed forces member and who has not remarried.(3-23-22)

13.USDVA. The United States Department of Veterans Affairs.(3-23-22)

IDAPA 21.01.04.011 (Reserved)

IDAPA 21.01.04.020 Eligibility for Interment

01.Eligibility.

A qualified person is eligible for interment at the cemetery. An individual who is a qualified person based upon a relationship to an armed forces member is eligible for interment at the cemetery if the armed forces member is pre-registered for interment at the cemetery or is interred at the cemetery.(3-23-22)

02.Requirements.(3-23-22)

a.Proof of qualification as an Armed Forces Member as evidenced by:(3-23-22)

i.A valid discharge from the armed forces of the United States in the name of the individual indicating that the character of discharge was other than dishonorable;(3-23-22)

ii.A copy of a Reserve Retirement Eligibility Benefits Letter in the name of the individual; (3-23-22)

iii.A valid certificate of naturalization or a valid United States passport in the name of the individual and a valid discharge in the name of the individual from the armed forces of an ally of the United States in a war during which the individual served indicating that the character of discharge was other than dishonorable; (3-23-22)

iv.Any other evidence satisfactory to the Administrator.(3-23-22)

b.Proof of qualification for relatives of an Armed Forces Member as evidenced by the documentation necessary for an Armed Forces Member and the following:(3-23-22)

i.For a parent of the individual, a valid birth or adoption record identifying such parent, and proof of the individual’s birth date; or(3-23-22)

ii.For the spouse of the individual, a valid record of marriage between the individual and the armed forces member, and a certification that the individual was an unremarried spouse at the time of death, if the armed forces member predeceased the individual; or(3-23-22)

iii.Any other evidence satisfactory to the Administrator.(3-23-22)

03.Burden of Proof. The burden of proof in establishing eligibility for interment or reinterment in the cemetery is on the applicant.(3-23-22)

04.Application. Applications must be submitted on a form prescribed by the Administrator by a qualified person or their legal representative, the Administrator of their estate, or the personal representative or a relative of a deceased person.(3-23-22)

IDAPA 21.01.04.021 (Reserved)

IDAPA 21.01.04.022 Interment and Reinterment

01.Remains.

Remains shall be delivered to the cemetery in a casket or, if cremated, in a recoverable container. The container for cremains designated by the applicant for interment in a location other than a grave plot shall not exceed nine (9) inches in width, thirteen (13) inches in height, and nine (9) inches in depth.(3-23-22)

02.Committal Services. The cemetery will provide a designated non-gravesite location for committal services. The cemetery will not provide facilities for viewing of remains. The arrangements for and any expenses associated with committal services are the responsibility of the applicant.(3-23-22)

IDAPA 21.01.04.023 Disinterment and Reinterment

01.Disinterment.

The Administrator may approve an application for disinterment where the applicant for interment, the surviving unremarried spouse, if any, and the children of the interred person, or the legal representatives of any of the foregoing persons, complete and sign an application form prescribed by the Administrator and submit proof of applicable governmental approval of the disinterment, transporting, and reinterment of the remains. The Administrator shall approve an application for disinterment accompanied by the order of a court of competent jurisdiction.(3-23-22)

02.Reinterment.(3-23-22)

a.Who May Be Reinterred. The Administrator may approve an application for reinterment of remains in the cemetery where the remains are of a qualified person and the applicant for interment desires that the remains be interred with remains interred in the cemetery or with the remains of a qualified person pre-registered for interment in the cemetery.(3-23-22)

b.Application and Proof of Eligibility. The applicant for reinterment shall complete an application form prescribed by the Administrator and submit proof of the eligibility of the qualified person and proof of applicable governmental approval of the disinterment, transporting, and reinterment of the remains. If the application seeks reinterment of the remains of a qualified person, the applicant shall identify the qualified person with whom the reinterred remains will be interred.(3-23-22)

IDAPA 21.01.04.024 Fees for Interment, Disinterment, Reinterment, and Memorial

The Administrator shall charge the following fees:(3-23-22)

01.Interment.(3-23-22)

a.A fee equal to the then current USDVA reimbursement for opening and closing an interment site containing a pre-placed crypt. The Administrator will accept, as full payment, the amount of reimbursement by the USDVA to the Division for opening and closing an interment site containing a pre-placed crypt for persons eligible for USDVA reimbursement.(7-1-25)

b.An additional fee of seven hundred dollars ($700) for a casket burial at an interment site not containing a pre-placed crypt.(7-1-25)

c.For interments ineligible for a USDVA provided marker, the Administrator shall charge:(7-1-25)

i.Four hundred dollars ($400) for the cost of a Casket/Upright Marker; or(7-1-25)

ii.Two hundred fifty dollars ($250) for all other Interment/Memorial Marker types.(7-1-25)

02.Disinterment. A fee equal to the then current USDVA reimbursement for opening and closing an interment site. The expenses of removal, transportation and reinterment of remains, and the expenses of removal, transportation and reinstallation of the grave marker, if any, shall be paid by the applicant for disinterment. (3-23-22)

03.Reinterment. A fee equal to the then current USDVA reimbursement for opening and closing an interment site for reinterment. The expenses of reinterment of remains and reinstallation of the grave marker, if any, shall be paid by the applicant for reinterment.(3-23-22)

04.Memorial Marker. A fee of two hundred fifty dollars ($250) to order, install, and provide perpetual care of a furnished flush granite marker to commemorate a qualified person whose remains have not been recovered or identified, were buried at sea, donated to science, or cremated and the remains scattered.(7-1-25)

IDAPA 21.01.04.025 (Reserved)

IDAPA 21.01.04.030 Cemetery Use

01.Public Use.

The cemetery will be open to public access from 8 a.m. to sunset daily. The Administrator may close the cemetery at 6 p.m. when a public fireworks display is planned.(3-23-22)

02.Interment Schedule. Cemetery staff will schedule interments to ensure that cemetery staff complete their duties between the hours of 8 a.m. and 5 p.m. Cemetery staff will not schedule interments on Saturdays, Sundays and legal holidays without the prior approval of the Administrator.(3-23-22)

03.Public Behavior. The Administrator may adopt and enforce policies regarding public behavior in the cemetery, including but not limited to preservation of property, recreation, ceremonies and gatherings, animals, motor vehicles, alcohol, and photography.(3-23-22)

IDAPA 21.01.04.031 (Reserved)

IDAPA 21.01.04.040 Memorials and Donations

01.Flowers and Grave Decorations.

The Administrator will post the requirements for natural and artificial flowers and other grave decorations in the cemetery. Cemetery personnel may remove and discard grave decorations that fail to comply with the posted requirements or that are faded, wilted, tattered or worn.(3-23-22)

02.Plaques, Statues, and Other Memorials. The Administrator may approve plaques, statues, and other memorials to commemorate events, units, individuals, groups, and organizations. Persons wishing to install such memorials at their own cost may submit an application on a form prescribed by the Administrator. Memorials approved by the Administrator are considered donations to the cemetery.(3-23-22)

03.Grave Markers. Grave markers issued by the USDVA are approved as follows:(3-23-22)

a. Graves – Upright granite markers.(3-23-22)

b.Interments in an area reserved for the interment of cremains in the soil – Flush granite markers.

c.Interment of cremains in a structure reserved for the interment of cremains – Granite niche markers.

IDAPA 21.01.04.041 (Reserved)