37 sections in this chapter.
Chapter 9. Veterans' Affairs-3.211 2. The spouse has no age limit but must use the benefit within 10 years of the date eligibility is established. Remarriage is a bar to this benefit. Dissolution of the remarriage does not re-establish eligibility. Program termination for a remarried surviving spouse will be the end of the semester in which the marriage takes place.
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2. The spouse has no age limit but must use the benefit within 10 years of the date eligibility is established. Remarriage is a bar to this benefit. Dissolution of the remarriage does not re-establish eligibility. Program termination for a remarried surviving spouse will be the e…
Chapter 9. Veterans' Affairs-902 Powers and Duties of the Secretary
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A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, he shall: 1. Represent the public interest in the administration of this chapter and shall be responsible to the governor, legislature, and the public therefore. 2. Determine the policie…
Chapter 9. Veterans' Affairs-903 Officers(Formerly §901)
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A. The chairman and vice chairman of the commission shall be elected at the first meeting following the governor’s appointment of the total commission or at the first meeting held following July 1 in even-numbered years.
Chapter 9. Veterans' Affairs-905 Members
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A. Each member may be paid $75 each day devoted to the work of the commission, but not more than $1,500 in any one fiscal year. B. Commission members may also be entitled to reimbursement for necessary travel and other expenses, in accordance with current state travel regulations…
Chapter 9. Veterans' Affairs-907 Meetings
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A. The commission does not meet the criteria pursuant to R.S. 42:17.2 to be eligible to conduct open public meetings via electronic means because it does not conduct at least six regularly scheduled meetings in a calendar year. Nonetheless the commission is obligated to provide f…
Chapter 9. Veterans' Affairs-911 Travel
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A. Travel will only be authorized on days that per diem is paid, unless prior approval is granted by the secretary or his designated representative. Travel must be for official state business. B. All travel vouchers for the commission members shall be authorized by the secretary …
Chapter 9. Veterans' Affairs-917 Eligibility
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A. Application must be made through the Parish Veterans Service Office. In order to be eligible to receive educational benefits under R.S. 29:288 et seq., the following criteria must be met. 1. Any child applicant applying for these educational benefits must be not less than 16 n…
Chapter 9. Veterans' Affairs-918 Proof of Residency
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A. To establish that a deceased service member or veteran resided in Louisiana for one year prior to entry into service, the applicant must present one of the following: 1. the death certificate of the deceased service member or veteran; 2. the deceased service member or veteran’…
Chapter 9. Veterans' Affairs-919 Fee Exemption Certificate
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A. A fee exemption certificate must be issued to each eligible applicant upon completion of his/her processed claim in the administrative office, Department of Veterans' Affairs, reflecting exemption from payment of all tuition and school-imposed fees for the forthcoming school s…
Chapter 9. Veterans' Affairs-921 Maximum of Four Years
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A. Tuition exemptions under R.S. 29:288 et seq. and possible payments of cash subsistence allowances under R.S. 29:289 may be given for a maximum of four years of education, to be completed in not more than five years from the beginning date of the first semester for which educat…
Chapter 9. Veterans' Affairs-923 Not Covered
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A. Fees assessed by the student body on themselves, such as yearbook, weekly paper, are not exempt. Free registration does not cover books, supplies, room and board, etc.
Chapter 9. Veterans' Affairs-925 Appeals
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A. Any applicant for educational benefits who was not issued a tuition exemption certificate may request an appeal of the department’s decision by filing a written request for review of the decision by the secretary of the Department of Veterans Affairs or his designee. B. Writte…
Chapter 9. Veterans' Affairs-937 Admission Requirements
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A. For admission to a state-run veterans home, a veteran deemed eligible under Title 38 of the U.S. Code, spouse of a veteran, or gold-star parent must be a resident of Louisiana. State residence is not mandatory if applicant is referred from an in-state United States Department …
Chapter 9. Veterans' Affairs-939 Care and Maintenance Fees
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A. Care and maintenance fees will be based on total family income. This includes income from all sources (including but not limited to Social Security, United States Department of Veterans Affairs pension/compensation, private pension, account balances and interest from bank acco…
Chapter 9. Veterans' Affairs-943 Nursing Care Resident Fee
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A. Patients will be allowed to retain the first $90 per month for personal spending and appropriate deduction(s) for any legal dependent(s). All remaining income must be applied to the care and maintenance fee until maximum care cost is reached.
Chapter 9. Veterans' Affairs-945 Mandatory Election for Benefits
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A. Residents must apply for all monetary benefits to which they may be entitled from both the state and federal government. Any increase, as a result thereof, must be applied to care and maintenance fees until maximum cost of care is reached.
Chapter 9. Veterans' Affairs-947 Fee Payable in Advance after Admission
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A. Care and maintenance fees are payable one month in advance. These fees are due before the tenth of each month. A portion of a month will be prorated according to the number of days stay. Residents will not be charged care and maintenance fees for periods of hospital confinemen…
Chapter 9. Veterans' Affairs-949 Fees Adjusted
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A. Care and maintenance fees will be adjusted when it has been established that there is a change in the veteran's total family income. The home reserves the right to obtain updated income information from the resident or his/her responsible party (signed authority at admission b…
Chapter 9. Veterans' Affairs-951 Additional Fees
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A. In addition to the regular care and maintenance fees collected, if less than the maximum monthly amount, and the patient has an accumulation of funds, either through additional recurring income or through one or more deposits into bank or savings accounts, in excess of $500, i…
Chapter 9. Veterans' Affairs-953 Home Administrator Authority When Incorrect Income Given
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A. The home administrator, when provided incorrect total family income information, will avail himself of all state laws to recoup all monies that should be made available to the home for care and maintenance fees, retroactive to the time that these monies became available for th…
Chapter 9. Veterans' Affairs-955 Unusual Financial Circumstances
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A. All residents at a veterans home who feel they have unusual financial circumstances/hardships can request relief and consideration of a waiver or deferment of care and maintenance fees. Residents may apply for this consideration through the home administrator. All requests mus…
Chapter 9. Veterans' Affairs-965 Definitions
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Application—a written request for financial assistance from the Military Family Assistance Fund made on the form captioned Military Family Assistance Fund Application, together with documents related thereto. Approval Authority—the third party administrator for all need-based cla…
Chapter 9. Veterans' Affairs-967 Eligibility
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A. The approval authority may, in its sole discretion, waive the requirement to seek assistance from other available sources when unusual or exigent circumstances make such application impractical or unlikely to produce results in a timely manner or when the applicant shows that …
Chapter 9. Veterans' Affairs-969 Application Process
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A. Eligible Applicant Responsibilities 1. All requests for assistance shall be made through a completed Military Family Assistance Fund Application. 2. An application is not complete unless it is signed by the applicant and contains all information requested by the form. 3. All a…
Chapter 9. Veterans' Affairs-971 Types of Grants; Restrictions on Awards
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A. Three types of grants may be made by the Military Family Assistance Fund: 1. grants for need-based assistance; 2. grants for one-time lump sum awards; and 3. grants for transportation and other related costs as authorized by the board. B. No request shall be approved by the bo…
Chapter 9. Veterans' Affairs-973 Award Amounts
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A. The maximum dollar amount that may be awarded on behalf of an activated military person for a need-based claim per 12 month period is $10,000. B. One uniform maximum dollar amount that may be awarded on behalf of an activated military person for a one-time lump sum award shall…
Chapter 9. Veterans' Affairs-975 Minimum Funding Levels; Reserve Level; Calculation of Funds Available for Payment of One-Time Lump Sum Awards
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A. The Military Family Assistance Fund shall have a minimum of $150,000 on deposit for the Military Family Assistance Program to become operational. B. At all times the fund shall have a reserve of a minimum of $15,000. C. For each fiscal year, the maximum percentage of the Milit…
Chapter 9. Veterans' Affairs-977 Third Party Administrator
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A. The third party administrator shall receive all need-based applications, all applications for one-time lump sum assistance, and all applications for transportation and other related costs assistance. B. The third party administrator is authorized to review, process, approve an…
Chapter 9. Veterans' Affairs-979 Fund Committee
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A. The Fund Committee shall receive determinations from the third party administrator and make decisions on all need-based applications of greater than $1500 up to $2500 and all applications for one-time lump sum assistance. B. The board chairman shall designate the members of th…
Chapter 9. Veterans' Affairs-981 The Board and Chairman of the Board
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A. If the board suspects that an application is submitted in violation of the provisions of the law and these rules, it shall refer such application to the appropriate district attorney’s office. B. The board shall provide an annual report to the Joint Legislative Committee on th…
Chapter 9. Veterans' Affairs-982 Meetings of the Board
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A. The board meets criteria pursuant to R.S. 42:17.2 to be eligible to conduct open public meetings via electronic means. B. At least 24 hours prior to a meeting conducted via electronic means, the board shall post the following on the Louisiana Department of Veterans Affairs’ we…
Chapter 9. Veterans' Affairs-983 Appeals
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A. The fund committee shall sit as a board of appeals for the third party administrator’s disapproval of all or any part of a need-based application for $1500 or less. An eligible applicant may appeal the third party administrator’s disapproval of a request for assistance within …
Chapter 9. Veterans' Affairs-985 Withdrawal of Applications
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A. An eligible applicant and anyone properly acting on behalf of an eligible applicant shall have the right to withdraw the application at any time prior to final disposition of the application by the third party administrator, the fund committee or the board.
Chapter 9. Veterans' Affairs-987 Waivers
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A. Prior to the approval of a claim, applications and the identity of eligible applicants and their related military personnel shall be confidential unless expressly waived by the eligible applicant in writing. The filing of an appeal before the fund committee or the board shall …
Chapter 9. Veterans' Affairs-990 Fee Waivers
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A. The secretary of the department may waive all or part of the fee charged under R.S. 29:295 or §992 of this Chapter for burying veterans, spouses or dependent children in Louisiana veterans’ cemeteries if unusual financial circumstances or hardships exist. Family members who be…
Chapter 9. Veterans' Affairs-992 Burial Eligibility for Members of the Louisiana National Guard, Reserve Components of the Armed Forces, and Their Dependents
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A. Pursuant to Louisiana R.S. 29:295(E) and 38 U.S.C. 2408, the following deceased members of the Louisiana National Guard or of a drilling reserve component of the Armed Forces, and their dependents, are eligible for burial in veterans cemeteries operated by the Department of Ve…
Chapter 9. Veterans' Affairs-995 Appeals
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A. Any applicant for disability benefits pursuant to R.S. 29:26.1 who was denied may request an appeal of the department’s decision by filing a written request for review of the decision by the secretary of the Department of Veterans Affairs or his designee. B. Written requests f…