Section 32.72. Definitions.

Rule 2. As used in these rules:

(1)   "Administrator" means the chief executive officer of a state veterans home, or his or her designated representative.

(2)   "Applicant" means an individual who is applying for admission to a state veterans home.

(a)    "Financially sufficient applicant" means an individual who is applying for admission to a state veterans home, and who is not an indigent and/or whose non- excluded assets exceed the indigent criteria.

(b)   "Financially insufficient applicant" means an individual who is applying for admission to a state veterans home, and who is an indigent and/or whose non- excluded assets do not exceed the indigent criteria.

(3)   "Arrearage" means the cost of care a home provides less the amount of funds that a member has paid to the state for the cost of care. An arrearage is a debt owed by a member or his or her estate to the state of Michigan.

(4)   "Asset" means the valuable property of an applicant or member.

(5)   "Asset divestment" means the disposing, transfer, gifting, conversion, or giving away of assets for less than fair market value.

(6)    "Asset restriction" means the moving  or   transferring  of  assets, thereby making them unavailable to pay the cost of care.

(7)   "Board" means the board of managers, as established by 1885 PA 152, MCL 36.2.

(8)   "Contract" means the written agreement between a member and the home.

(9)   "Cost of care" means the monthly amount set by the Board at the start of each fiscal year.

(10)   "Department" means the department of military and veterans affairs.

(11)   "Department of veterans affairs" or "DVA" means the federal agency tasked with operating and maintaining federal programs for veterans benefits.

(12)   "Eligible veteran" means an individual who meets either of the following conditions:

(a)  ) Was part  of   a military organization  or unit recognized by  the department of defense and/or the state of Michigan that had  its  principle nexus in Michigan at any time during the individual's service.

(b)   Was part of  a  military  organization   or  unit  recognized  by  the department of defense and/or the state of Michigan and who is a resident of the state of Michigan at the time of application for  admission  to  a  state veterans home.

(13)  "Home" means a state veterans home, including the Grand Rapids   Home for Veterans and the D.J. Jacobetti Home for Veterans.

(14)  "Homestead" means the primary residence of an applicant, member,  or spouse of an applicant or member.

(15)  "Indigent" means an individual who is disabled by disease, wounds   or otherwise, who has no adequate means                                           of   support,    and    by    reason     of    such

disability is incapable of earning a living and   is   otherwise   dependent   on public or private charity, as defined in section 11 of 1885 PA 152, MCL 36.11.

(16)   "MCL" means Michigan compiled laws.

(17)   "Member" means an individual who has been admitted to a   state veterans home and may be either of the following:

(a)   "Financially sufficient member" means  an  individual   who  has  been admitted to a state veterans home, and who is not an indigent and/or whose non-excluded assets exceed the indigent criteria.

(b)     "Financially insufficient member" means an  individual  who  has  been admitted to a state veterans home, and who is an indigent and/or whose non-excluded assets do not exceed the indigent criteria.

(18)   "Resident" means an individual who is living in the state voluntarily with the intention of making his or her permanent home there.

(19)   "Responsible party" means either of the following:

(a)  The spouse of an applicant, member, or eligible veteran.

(b)   An individual with the legal authority to act on behalf of an applicant, member, or eligible veteran.

(20)   "State" means the state of Michigan.

(21)   "Substantial evidence" means evidence that a reasonable person would accept as sufficient to support a conclusion.

History: 2007 AACS.