1. (a) For purposes of this section, the term "veteran" means a person who satisfies the requirements of §175.2(c)(1) of this title (relating to Loan Eligibility Requirements), as amended from time-to-time.

2. (b) To be eligible for admission to a SVH, an applicant must satisfy one of the following:

   1. (1) be a veteran who satisfies the USDVA guidelines and regulations relating to the need for nursing home care;
   2. (2) is a spouse, or surviving spouse, of a veteran if the spouse is at least eighteen (18) years of age;
   3. (3) is a parent, whose child died while serving in the armed forces of the United States, and who has resided in Texas continuously for at least one year immediately before applying for admission; or

   4. (4) is a veteran residing out of state who:

      1. (A) resides currently at an out-of-state nursing home;
      2. (B) desires transfer to a SVH;
      3. (C) is otherwise an eligible veteran under this section but for the fact that they reside out-of-state;
      4. (D) has not lived in Texas continuously for at least one year immediately before applying for admission to a SVH; and can be accommodated with a space in the desired SVH.

3. (c) The board may establish, by resolution from time-to-time, procedures for processing applications for admission to each SVH. Based on the availability of space, the board may also establish a priority system for admitting applicants according to one or more factors, including, but not limited to:

   1. (1) the priority of a veteran over the spouse or parent of a veteran;
   2. (2) the necessity to comply with USDVA regulations governing a SVH;
   3. (3) whether an applicant meets the eligibility criteria in §175.2, and is thereby eligible for other Board benefits;
   4. (4) the date upon which the application for admission was made;
   5. (5) whether the applicant's spouse is also an applicant or a current resident of a SVH;
   6. (6) a request to transfer a resident from one SVH to another to be nearer to family members;
   7. (7) the level of medical treatment and care required by the applicant;
   8. (8) the characteristics and extent of financial resources available to the applicant; and
   9. (9) such other criteria as the board may determine are in the best interest of the program.

Source Note:The provisions of this §176.7 adopted to be effective November 24, 1997, 22 TexReg 11092; amended to be effective May 18, 2000, 25 TexReg 4353; amended to be effective April 12, 2001, 26 TexReg 2750; amended to be effective August 4, 2005, 30 TexReg 4335; amended to be effective March 19, 2008, 33 TexReg 2320; amended to be effective December 21, 2010, 35 TexReg 11391; amended to be effective July 28, 2025, 50 TexReg 4972.