To allow for public input and to prevent any legal challenges that its policy of capping members' fees, its $165 monthly income-retention policy for members, and its age and admission policy are unenforceable underground regulations, CalVet should adopt these policies as regulations in accordance with the Administrative Procedure Act.
The Veterans Homes Division has conducted extensive research into the two remaining regulation topics, the monthly income-retention program and the admissions regulation, and each is on its way to being incorporated into the Department's published regulations. Research on these regulations became superseded in early 2017 by a need for these staff to conduct research for potential regulations stemming from an omnibus budget trailer bill, in the event the bill passed, which happened. Once this additional pressing workload reached particular milestones, these staff resumed work on the admissions and income-retention program regulations. Proposed text for the admissions regulation has been submitted to the Office of Administrative Law (OAL) for the public review process. Language for a regulation on the monthly income-retention program is in a regulation draft that is being reviewed at CalVet Headquarters and prepared for submission to OAL. Lastly, the form of the Department's Regulations Unit has changed in the past year. The Department has seen a leadership change in its division that addresses legislative affairs and regulations, and the Regulations Unit has expanded in staffing and is under new direction. The enhancement of this program has led to greater structure, planning, and productivity in the updating and creation of regulations Department-wide.
The Secretary of the California Department of Veterans Affairs provided a letter to the California State Auditor in September 2016 indicating the Department had discontinued its practice of capping resident fees. The letter indicated CalVet would couple its change in practice with appropriate notification of residents. Regarding the $165 monthly income retention and the age and admission policy, the Veterans Homes Division has begun work toward formally adopted regulations on both of these topics. The Division provided the State Auditor's Office a timeline indicating it plans to submit these regulation packets to the Office of Administrative Law before the end of October 2016. By law, the regulation process can take up to one year to complete.
The CalVet Homes Division is in communications with the Legal Division regarding the programs related to the $165 and the monthly fee cap, and will have additional information on a resolution of the situation shortly. Regarding the admissions priorities regulation, CalVet staff in the Homes Division and Legal Division have held numerous meetings over a four-month period and are nearing completion of the initial materials that will be submitted to the Office of Administrative Law to begin the public input process. CalVet expects to submit these materials in the coming days, following a final internal legal review. Upon acceptance by OAL, CalVet will host a 45-day public comment period and complete the other steps of the Administrative Procedure Act process.
CalVet Homes Division has reorganized its structure and created a dedicated Chief of Research and Program Review. This position was filled in May 2014. The staff member in the position has been enrolled in a rulemaking class that will be offered by the state Office of Administrative Law.
Due to key vacancies, no further action could be taken. However, CalVet Homes Division has reorganized its structure and created a dedicated Chief of Research and Program Review. This position was filled in May of 2014 and will focus on these policy areas.
CalVet is firmly committed to allowing public input and expects to complete the preliminary rulemaking activities for each of these three proposed regulations by the end of August 2013. After the rulemaking process has been completed, and upon Office of Administrative Law approval, the proposed regulations will be enacted. In progress.
Agency responses received after June 2013 are posted verbatim.