Health care

Kansas Veterans’ Home and Kansas Soldiers’ Home

Two state homes, at Winfield and Fort Dodge, for veterans who need 24-hour skilled nursing care. Both statutes still print a two-year Kansas residency bar, but the Attorney General found it unconstitutional in 1992, and the Office of Veterans Services admits non-residents while giving Kansas residents preference.

Also called: 76-1908, 76-1954, Kansas Soldiers Home, Fort Dodge, Kansas Veterans Home, Winfield, two years residency, Attorney General Opinion 92-74, skilled nursing, Gold Star parents, felony, domiciliary.

For: Veteran or service member, child, survivor.

Where it applies

Written for the jurisdictions listed here.

Kansas runs two state homes: the Kansas Soldiers' Home at Fort Dodge, governed by 76-1908, and the Kansas Veterans' Home at Winfield, governed by 76-1954. The two admission statutes are close to word-for-word identical, and both are administered by the director of the Kansas Office of Veterans Services. Each home offers domiciliary (assisted living), nursing and memory care. What the statutes say. Service: a person who served in the active military service of the United States during any period of war, or who served during peacetime and is entitled to VA hospitalization or domiciliary care under title 38, and who was discharged or relieved under conditions other than dishonorable. Disability: the person must be disabled by disease, wounds, old age or otherwise and, by reason of that disability, incapacitated from earning a living. The widow, mother, widower, father or minor child of a person who qualifies on the service test may be admitted if incapable of self-support because of physical disability. A felony conviction bars admission unless the director finds the person adequately rehabilitated and not dangerous. The rules must give priority to a veteran with no adequate means of support and dependent family members. Residency. Both statutes still say no applicant "shall be admitted ... who has not been an actual resident of the state of Kansas for at least two years next preceding the date of application". Attorney General Opinion 92-74 (June 2, 1992) concluded that the requirement in 76-1908(b) "results in a violation of the equal protection clause and is therefore unconstitutional", and the Office of Veterans Services does not apply it: "While Kansas residency is not required for admission, preference will be given to Kansas residents when considering applicants for the Kansas Veterans Homes." A veteran moving to Kansas need not wait two years to apply, but a Kansas resident goes ahead in line. What the Office of Veterans Services asks today. Completed active federal service with a discharge under conditions other than dishonorable; VA's criteria for veteran status; a need for 24-hour skilled nursing care, documented by a physician; no listing on any sex offender registry; no felony conviction or guilty plea in any state (stricter than the statutes, which let the director admit a rehabilitated person); and a condition the home has the resources to care for. Spouses, surviving spouses and Gold Star parents may qualify on a space-available basis. Priority goes first to veterans without adequate means of support, then by the level of care needed and the veteran's ability to obtain and afford care in the community. Discharge from a home is possible and is protected. The director may discharge a member who gained admittance by misrepresenting their financial or physical condition, or whose condition has so altered that further maintenance is not justified, but only after notice and an opportunity to be heard under the Kansas administrative procedure act. Rates are set by the director under 76-1904a and 76-1952. How to apply. The Office of Veterans Services' application for admission and checklist, with VA Forms 10-10EZ and 10-5345; Kansas Veterans' Home, 1220 World War II Memorial Drive, Winfield (620-705-6262); Kansas Soldiers' Home, 714 Sheridan, Unit 128, Fort Dodge (620-227-2121); central office 785-296-3976.

Thresholds

Thresholds for Kansas Veterans’ Home and Kansas Soldiers’ Home
GateRule
Wartime service, or peacetime service with VA care entitlementActive military service during any period of war, or during peacetime coupled with entitlement to VA hospitalization or domiciliary care under title 38.
Discharged or relieved under conditions other than dishonorableThe homes use the federal "other than dishonorable" line rather than requiring an honorable discharge.
Needs 24-hour skilled nursing careThe Office of Veterans Services asks for a physician-documented need for 24-hour skilled nursing care; the statutes speak of being incapacitated from earning a living.
Kansas residency is a preference, not a barBoth 76-1908(b) and 76-1954(b) still print a two-year residency bar, but Attorney General Opinion 92-74 found it unconstitutional and the Office of Veterans Services admits non-residents, giving Kansas residents preference.
No felony conviction or sex offender registrationThe Office of Veterans Services bars any felony conviction or guilty plea and any sex offender registration; the statutes let the director admit a person found rehabilitated.
Priority to veterans without adequate means of supportThe admission rules must give priority to a veteran with no adequate means of support and to dependent family members; spouses, surviving spouses and Gold Star parents are admitted only as space allows.

Sources

Updated

Last updated .

What changed then:

  • Eligibility rule “Priority to veterans without adequate means of support” now reads: “The admission rules must give priority to a veteran with no adequate means of support and to dependent family members; spouses, surviving spouses and Gold Star parents are admitted only as space allows.”
  • Eligibility rule “Incapacitated from earning a living” renamed “Needs 24-hour skilled nursing care”.
  • Eligibility rule “Needs 24-hour skilled nursing care” now reads: “The Office of Veterans Services asks for a physician-documented need for 24-hour skilled nursing care; the statutes speak of being incapacitated from earning a living.”
  • And 11 more changes.

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.