Health care

North Dakota Veterans Home

Basic and skilled care at Lisbon, with fees capped at 49 percent of the average daily cost per member and set on adjusted income. Dying without a will hands the estate to the home.

Also called: veterans home, Lisbon, 37-15, basic care, skilled care, forty-nine percent, adjusted income, intestate, estate.

For: Veteran or service member.

Where it applies

Written for the jurisdictions listed here.

The North Dakota Veterans Home is at Lisbon in Ransom County, and 37-15-01 requires that it be maintained there. Its object under 37-15-02 is to provide basic care as defined in chapter 23-09.3 and long-term care as defined in chapter 23-16. Who can be admitted is wider than the ordinary definition of veteran, and deliberately so. Section 37-15-02 covers all veterans as defined in 37-01-40; all members of the armed forces, national guard or reserve discharged or released under other than dishonorable conditions who do not meet the definition of a veteran but who are or may become permanently disabled from any cause while in the line and discharge of duty and who are enrolled in VA health care before admission; and the spouse or surviving spouse of either. Residency. The applicant must be a bona fide resident of North Dakota preceding the application, but 37-15-10(1) allows that requirement to be waived where the applicant served in a North Dakota regiment or was accredited to the state. Admission also needs a formal application, the proof the home requires, and approval by the home's board of admissions. Where the home is full, 37-15-10.1 requires admission to follow priorities established by rule for each level of care. The fee formula is the most favourable in this catalog. Section 37-15-14.1 lets the governing board set fees based on each member's adjusted income, and caps them: they "may not exceed forty-nine percent of the average daily per member cost". Adjusted income is all money received from any source, including social security, less money the member spent on hospitalization for illness or injury, on other medical care or treatment or required medicines, and less anything else the board permits to be deducted in an individual case. Set that against a state that charges eighty percent of net income and the difference over a year is large. Now the provision a family needs to hear before admission, because it is the one that costs them money and it is easy to fix. If a member dies leaving property worth three thousand dollars or less, 37-15-16 requires the administrator to take charge of it immediately. If within forty-five days no heir or devisee makes a valid claim and nobody has applied for letters of administration, the administrator converts it to cash without probate, pays reasonable funeral expenses and then reasonable and necessary medical and hospital expenses of the last illness, and deposits anything left with the state treasurer for the veterans' home operating fund. If a member dies leaving more than three thousand dollars and has not disposed of it by will, 37-15-17 entitles the administrator of the home to letters of administration for the estate. If the heirs or next of kin make no valid claim for one year after letters are granted, the residue is deposited for the benefit of the home's operating fund. Neither section takes anything from a family that makes a claim in time, and 37-15-18 stops the administrator charging any fee for the work. But a resident who dies intestate with no one paying attention leaves their estate to the institution. Making a will, and making sure someone knows to claim, is the single most valuable piece of paperwork here. One more consequence of admission. Section 37-15-10(4) provides that a member who is not eligible for VA hospitalization and care and who becomes unable to care for themselves becomes a charge of the county of residence at the time of admission, and that an individual may not gain or lose legal residence by being a member of the home. Moving to Lisbon does not move the county obligation to Ransom County.

Thresholds

Thresholds for North Dakota Veterans Home
GateRule
Wider than the general veteran definitionAdmission reaches veterans under 37-01-40, members of the armed forces, guard or reserve discharged under other than dishonorable conditions who are or may become permanently disabled from any cause in the line of duty and are enrolled in VA health care before admission, and spouses and surviving spouses of either.
Residency, waivable for North Dakota serviceThe applicant must be a bona fide North Dakota resident before applying, unless the requirement is waived because the applicant served in a North Dakota regiment or was accredited to the state. Admission requires board approval and, where the home is full, follows priorities set by rule.
Fees capped at 49 percent of the average daily costFees are set on adjusted income and may not exceed forty-nine percent of the average daily per member cost. Adjusted income deducts money spent on hospitalization, other medical care or treatment, required medicines, and anything else the board allows in an individual case.
Make a will, and claim within the deadlineAn estate of $3,000 or less unclaimed for forty-five days is converted without probate, applied to funeral and last-illness costs, and the residue goes to the home’s operating fund. An intestate estate over $3,000 is administered by the home, and if heirs make no valid claim within one year of letters being granted the residue goes to the same fund.

Sources

Updated

Last updated .

Request an update

Out of date, a broken link, or something else wrong? Say what you found, and an editor checks it against the official source.

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.