1. (a) Admission to a state veterans home shall be limited to Texas Veterans. During the biennium ending August 31, 1999, admission will also be dependent on:

   1. (1) The veteran meeting institutional Medicaid eligibility criteria including financial, age, disability, citizenship and resident requirements as determined by TDHS;
   2. (2) The veteran passing the institutional risk criteria as administrated by TDHS;
   3. (3) A determination that the veteran has a medical necessity by National Heritage Insurance Company (NHIC); and
   4. (4) The veteran being eligible to receive and receiving USDVA aid and attendance payments.

2. (b) A Texas Veteran is someone who:

   1. (1) is at least 18 years of age;
   2. (2) is a citizen of the United States of America;
   3. (3) is a bona fide resident of Texas at the time of application for admission to said home;
   4. (4) has served not less than 90 continuous days in the Army, Navy, Air Force, Coast Guard, Marine Corps, or United States Public Health Service, unless discharged earlier because of a service-connected disability, which service must have been after September 16, 1940, or have completed at least 20 years of active or reserve military service in any of the above branches of service, as computed when determining the person's eligibility to receive retirement pay;
   5. (5) has not been dishonorably discharged from military service;
   6. (6) was a bona fide resident of Texas at the time of enlistment, induction, commissioning, or drafting; or has resided in Texas continuously for at least two years immediately before applying for admission. For purposes of determining if a veteran has resided in Texas for two continuous years, the Board may require an affidavit from the veteran or the veteran's guardian, setting forth residence addresses for this two-year period. In addition, the veteran, and/or guardian may be required to furnish documentary evidence of such residence, including, but not limited to driver's licenses, voter registrations, tax receipts, W-2 forms, etc.

Source Note:The provisions of this §176.7 adopted to be effective November 24, 1997, 22 TexReg 11092.