STATEMENT OF BASIS AND PURPOSE, FISCAL IMPACT AND SPECIFIC STATUTORY AUTHORITY
OF REVISIONS MADE TO STAFF MANUAL VOLUME 11
Revisions to Sections 11.100.01; 11.201.01 were emergency adoption of Executive Director rules at the
8/1/86 meeting, with an effective date of 8/1/86 (Documents 1 E.D., 2 E.D.). Statement of Basis and
Purpose, Fiscal Impact and specific statutory authority for these revisions were incorporated by reference
into the rule. These materials are available for review by the public during normal working hours at the
Office of the State Board Administrator, Department of Social Services.
Addition of Section 11.251.01 was emergency adopted at the 3/6/87 State Board meeting, with an
effective date of 3/6/87 (Document 2 E.D.). Statement of Basis and Purpose, Fiscal Impact, and specific
statutory authority for these revisions were incorporated by reference into the rule. These materials are
available for review by the public during normal working hours at the Office of the State Board
Administrator. Department of Social Services.
Addition of Section 11.251.01 was finally adopted emergency at the 4/3/87 State Board meeting, with an
effective date of 3/6/87 (Document 1 E.D.). Statement of Basis and Purpose, Fiscal Impart, and specific
statutory authority for these revisions were incorporated by reference into the rule. These materials are
available for review by the public during normal working hours at the Office of the State Board
Administrator, Department of Social Services.
Addition of Sections 11.250.01 - 11.250.04 and 11.251.02 - 11.262.02 were finally adopted following
publication at the 4/3/87 State Board meeting, with an effective date of 6/1/87 (Document 16) Statement
of Basis and Purpose, Fiscal Impact and specific statutory authority for these revisions were incorporated
by reference into the rule. These materials are available for review by the public during normal working
hours at the Office of the State Board Administrator, Department of Social Services.
Revisions to Sections 11.101.01 and 11.201.01 were final adoption following publication of Executive
Director rules at the 5/1/87 State Board meeting, with an effective date of 7/1/87 (Documents 1 E.D. and 2
E.D.). Statement of Basis and Purpose, Fiscal Impact and specific statutory authority for these revisions
were incorporated by reference into the rule. These materials are available for review by the public during
normal working hours at the Office of the State Board Administrator, Department of Social Services.
Revisions to Section 11.300 through 11.301 were final adoption following publication at the 9/11/87 State
Board meeting, with an effective date of 11/1/87 (Document 7). Statement of Basis and Purpose, Fiscal
Impact and specific statutory authority for these revisions were incorporated by reference into the rule.
These materials are available for review by the public during normal working hours at the Office of the
State Board Administrator, Department of Social Services.
Removal of Section 11.400 and addition of Section 11.500 was final adoption following publication at the
11/3/89 State Board meeting, with an effective date of 1/1/90 (CSPR# 89-6-6-1). Statement of Basis and
Purpose and specific statutory authority for these revisions were incorporated by reference into the rule.
These materials are available for review by the public during normal working hours at the State Board
Office, Department of Social Services.
Revisions to Sections 11.100 through 11.300 were final adoption following publication at the 3/4/2000
State Board meeting, with an effective date of 10/1/2000 (CSPR# 00-5-25-1). Statement of Basis and
Purpose and specific statutory authority for these revisions were incorporated by reference into the rule.
These materials are available for review by the public during normal working hours at the Colorado
Department of Human Services, State Board Administration.
11.000 COLORADO STATE AND VETERANS NURSING HOMES
11.100 MANAGEMENT, SUPERVISION; AND CONTROL
The Colorado State and Veterans Nursing Homes snail be under the management and control of the
Colorado Department of Human Services, subject to the policies adopted by the State Board of Human
Services. The homes shall be maintained and operated as facilities where Colorado veterans and other
individuals, appropriately admitted, shall be assured of receiving such care, sustenance, and treatment as
will result in their best possible mental, physical, and social status.
11.110 Scope
Sections 11.100, 11.200 and 11.300 apply to all state nursing homes presently owned by the state of
Colorado and operated by the Colorado Department of Human Services, to all state nursing homes that
are or may be developed in the future for ownership or control by the State of Colorado and operation by
the Colorado Department of Human Services, and to all individuals residing in or conducting activities in
the facilities unless otherwise indicated.
11.120 Definitions
The following definitions apply to these rules:
A. “Applicant” includes “legal representative.”
B. Colorado resident' means an individual who: 1) currently resides in Colorado and intends to
reside in the state permanently; and, 2) does not own or maintain a primary residence in
another state.
C. “Colorado State Veterans Center” means the state veterans nursing home and domiciliary
located near Monte Vista, Colorado.
D. “Legal representative” means an individual who has the legal authority to take a particular
action on behalf of an applicant or resident. The legal authority can be granted by statute,
by a court, or by federal or state regulation.
E. “Medical leave” means absence of the resident from the state nursing home due to admittance
to a hospital or other institution per the Colorado Department of Health Care Policy and
Financing Staff Manual, 8.482.43 (10 CCR 2505-10).
F. “Person” includes legal representative.
G. “Spouse” means a person of the opposite sex who is a wife or husband.
H. “Surviving spouse” means a person of the opposite sex who was the spouse of a veteran at
the time of the veteran's death, and who lived with the veteran continuously from the date
of marriage to the date of the veteran's death (except where there was a separation
which was due to the misconduct of, or procured by the veteran without the fault of the
spouse) and who has not remarried or (in cases not involving remarriage) has not since
the death of the veteran, and after September 19, 1962, lived with another person and
held himself or herself out openly to the public to be the spouse of such other person.
I. “State nursing home“ means any state nursing home or any state veterans nursing home
owned by the state of Colorado and operated by the Colorado Department of Human
Services, and all programs operated by such state nursing home or state veterans
nursing home, including domiciliary services, adult day care and other facility programs.
J. “State veterans nursing home” means any state nursing home that is owned by the state of
Colorado and operated by the Colorado Department of Human Services that has been
designed and constructed to qualify for federal funds under the provisions of federal
Public Law No. 88-450, as amended, and that is operated so as to qualify for per diem
payments from the United States Department of Veterans Affairs.
K. “Veteran” means a person who served in the active military, naval, or air service, and who was
discharged or released therefrom under conditions other than dishonorable.
11.130 Persons Eligible for Admission
A. General Qualifications
Priority and eligibility for admission to a state nursing home is provided in parts B and C, below, in
addition to meeting these eligibility requirements, a person seeking admission to a state nursing
home must meet the admission criteria in Section 11.160.
B. State Veterans Nursing Homes - Eligibility for Admission
Preference and priority for admission to any state veterans nursing home will be granted in the
following order
1. Colorado resident veteran;
2. Non-resident veteran;
3. Colorado resident spouses of veterans, surviving spouses of veterans, or parents of veterans
all of whose children died while serving in the armed forces of the United States.
C. State Nursing Home at Trinidad - Eligibility for Admission Preference and priority for admission to the
state nursing home at Trinidad will be granted in the following order.
1. Colorado residents; and,
2. Other individuals
11.140 Admissions Process, Waiting List and Priority
A. Application for Admission
A person seeking admission to a state nursing home may obtain an application form and
information describing the required application procedures from the facility. When an application
is requested, the staff shall provide the applicant with information regarding all required
documentation, information and verifications necessary to complete the application.
B. Preadmission Screening
Facility staff shall conduct a preadmission screening of applicants in order to determine whether
the person meets the general eligibility requirements outlined in Section 11.130. If these
requirements are met, the facility admissions committee will review the applicant's admissions
materials as outlined in paragraph C of this section or, if applicable, place the applicant on the
facility waiting list.
C. Admission Requirements
Applicants must provide the following information for admissions consideration to a state nursing
home:
1. A signed admission application, including completion of the financial information,
functional assessment, medical information, and authorization for release of
information forms included in the admissions application; and,
2. Verification of eligibility for admission, including proof of discharge from the armed
services and a copy of the DD214 form, if applicable.
D. Interview
The admissions committee or a committee representative shall interview the applicant or the
applicant's legal representative, if any, and the applicant's family members with the applicant's
consent, and shall review the application for admission.
E. Timing of Review by Admissions Committee
The admissions committee shall review an application for admission according to Items 1 and 2,
and determine the applicant's suitability for admission to a state nursing home as determined by
the criteria in Section 11.160, as applicable.
1. If the facility to which a person has applied has no waiting list, the admissions
committee will review the application file within five working days of receipt.
2. If the facility to which the person has applied has a waiting list, the admissions
committee will review the application file within five working days from the time
the applicant's name reaches the first place on the waiting list and a bed
becomes available.
F. Waiting List for Admission
Each state nursing home shall maintain a waiting list to determine the admission priority of
applicants. The waiting list is for applicants desiring the first available bed appropriate to the
applicant's needs. The applicant's position on the waiting list is determined first by the applicant's
priority for admission as provided in Section 11.130 and secondly by the date on which facility
staff receives the fully completed application form.
A person on the waiting list must be considered for admission and, if approved by the admissions
committee, offered admission consistent with the persons position on the waiting list. Once the
admissions committee approves the person's admission, facility staff will contact the person by
phone to notify them of the admissions decision. In the event facility staff are unable to notify the
person by phone, written notification of admission approval will be mailed to the address on the
person's application. A person offered admission has ten calendar days from the date of the
verbal or written notice of admission to make a decision and contact the facility. If the person
declines the offer of admission, the person's name must be put on the bottom of the waiting list,
unless the person requests removal from the waiting list. If the person fails to respond to the offer
of admission within ten calendar days from the date of the written notice, the person's application
file will be closed and the person's name removed from the waiting list. A person whose name is
removed from all waiting list for failure to respond to an offer for admission must reapply.
G. Initial Financial Status Review
The facility will require all applicants (or their legal representatives), whose applications for
admission are approved, to declare all sources and amounts of monthly income. The facility staff
shall evaluate the financial status of a person approved for admission. The purpose of the initial
financial status review is to determine the person's ability to pay toward the cost of care and to
calculate the person's maintenance rate.
11.150 Selection of Residents
Of those applicants eligible for admission under Section 11.130, the admissions committee of the facility
shall determine whether an applicant is to be admitted by applying the criteria in Section 11.160.
Criteria for Admission to a State Nursing Home
The decision about admission to a state nursing home will be based on the facility's ability to meet the
person's care needs. The state nursing homes shall provide skilled nursing care to all persons whose
need for such care is certified to be medically necessary by a physician licensed to practice on the State
of Colorado. The state nursing homes shall only admit those persons whose needs can be met within the
accommodations and services it provides. Any applicant who requires skilled nursing care or acmiciliary
care and who meets the eligibility criteria under Section 11.130 will be considered for admission, except
for the following reasons:
A. The person has a medical diagnosis or condition that would require services that cannot be
provided by the facility.
B. The person has a psychiatric diagnosis that would manifest behavioral disorders sufficient to
be a serious threat to the safety of the person, other residents or the staff.
C. The person has a history of uncorrected behavioral problems that the admissions committee
deems to pose a threat to the health and welfare of the person, residents, or staff.
D. The person has a communicable or infectious disease that may be a threat to the health of
others, as determined by the facility's medical director or the medical director's designee
and the admissions committee.
E. The person requires a greater level of care than can be provided at the facility as determined
by the admissions committee.
Admission Decision: Notice and Review
A. Notice
Facility staff will contact the applicant by phone or in writing regarding the admissions decision no
later than five working days after the admissions decision. In the event admission is denied,
facility staff will provide the applicant with information about the applicant's right to request a
review of a dental and about the review process as specified below or information regarding
additional actions necessary to effect admission.
B. Review
An applicant of the applicant's legal representative may request a review of a admissions
decision to deny the applicant's admission. The applicant or applicant's legal representative
desinng the review shall forward the request, in writing, to the administrator of the facility within
30 calendar days of the date on the applicant's notice of denial. The facility must complete the
review within 30 calendar days of receipt of the request. If a review is requested, it must be
conducted at the next scheduled admissions committee meeting. The decision resulting from the
review and the reasons for the decision must be forwarded to the administrator in writing. The
administrator shall conduct a final review of the admissions committee's decision within ten
calendar days of the date of the admissions committees written notice, based on the admissions
criteria in Section 11.160 and shall issue a final decision. The decision of the administrator shall
constitute final agency action.
11.180 Resident Information
A resident will be provided with the following information upon admission to a state nursing home:
● general information about the facility, resident care, and services available at the facility;
● rights of patients, as found in Section 25-1-120, C.R.S.;
● grievance procedures per the Colorado Department of Public Health and Environment
Regulations for Long-term Care Facilities, Chapter V, Section 12.4 (6 CCR 1011-1); and,
● the facility's bed hold policy.
Facility staff will review this information with the residences the resident's legal representative. After
reviewing this information, the resident or resident's legal representative must sign a statement indicating
the resident or the legal representative received and reviewed the information and agrees to abide by the
facility's rules and regulations. This statement must be Kept with the resident's admission agreement. If
changes occur concerning this information, the facility must inform the resident and provide a copy of the
changes to the resident. The resident or resident's legal representative must sign a statement indicating
that the resident or resident's legal representative received and reviewed a copy of the changes and
agrees to abide by the changes.
11.190 Bed Hold Policy
A. Notice Requirements
The resident or the resident's legal representative must notify the facility 24 hours in advance of
any planned absences of over six hours.
B. Responsibility for Room Reservation Charges
A resident whose bed is held is responsible to pay any room charge or charges that accrued or
are accruing either before or during the resident's leave If the resident or resident's legal
representative does not agree in writing to pay the reservation charge, the facility may reassign
the resident's bed to another resident or discharge the resident and place the resident on the
facility's waiting list; however, there is no room reservation charge to a Medicaid resident on
medical leave if no source of payment, other than the resident's funds, are available and the
facility's current occupancy is less than 90 percent of capacity.
C. Calculation of Room Reservation Charges
Calculation of room reservation charges shall be as follows:
1. Non-Veteran Medicaid Residents
As provided in the Colorado Department of Health Care Policy and Financing's
staff manual, Section 8.462.43 (10 CCR 2505-10), the room charge will be the
facility's currently authorized Medicaid per diem rate, less total food and linen
service costs as computed from the most recent cost report submitted by the
facility to the Colorado Department of Health Care Policy and Financing. In no
case will the charge be greater than the per diem rate less $2.
2. Veteran Medicaid Residents
As provided in the Colorado Department of Health Care Policy and Financing's
staff manual, Section 8.482.43 (10 CCR 2505-10), the room charge will be the
facility's currently authorized Medicaid per diem rate less total food and linen
service costs as computed from the most recent cost report submitted by the
facility to the Colorado Department of Health Care Policy and Financing. In no
case will the charge be greater than the per diem rate less $2. If the resident is
absent from the facility for less than 96 hours, the current per diem rate provided
by the U.S. Department of Veterans Affairs will be subtracted from the room
charge.
When a veteran resident is absent from the facility for over 96 hours, the U.S.
Department of Veterans Affairs terminates the per diem payment retroactive to
the date of departure; therefore, room charges for a veteran Medicaid resident,
whose absence results in a loss of U.S. Department of Veterans Affairs per diem
payment, will include the current per diem reimbursement provided by the U.S.
Department of Veterans Affairs, retroactive to the resident's date of departure.
3. Veteran Residents
The room charge will be the facility's private pay daily rate, less the current per
diem reimbursement provided by the U.S. Department of Veterans Affairs, less
the total food and linen service costs as computed from the most recent cost
report submitted by the facility to the Colorado Department of Health Care Policy
and Financing. When a veteran resident is absent from the facility for over 96
hours the Department of Veterans Affairs terminates the per diem payment
retroactive to the date of departure; therefore, room charges for a veteran
resident whose absence results in a loss of VA per diem payment will include the
current per diem reimbursement provided by the U.S. Department of Veterans
Affairs, retroactive to the resident's date of departure.
4. Non-Veteran Residents
The room charge will be the private pay daily rate, less the daily total food and
linen service costs as computed from the most recent cost report submitted by
the facility to the Colorado Department of Health Care Policy and Financing.
5. Homelake Domiciliary Residents
Domiciliary residents are permitted a maximum of 30 days of approved leave per
state fiscal year, excluding medical leave. Residents absent from the Domiciliary
over 30 days per fiscal year may be subject to discharge. The Domiciliary room
charge during any approved leave will be the resident's current daily rate at the
time of leave. At the resident's request, a domiciliary room will be held for a
resident admitted to the nursing home for up to 30 days at the resident's current
daily rate. If the resident fails to return to the facility within 30 days, the resident
will be evaluated for continued stay in the facility. If the resident is not approved
for continued stay, the resident will be given five working days to vacate the
domiciliary cottage. The resident will be responsible for the payment of rent
through the day of departure.
D. Exception
A bed may be held without charge for an approved applicant for up to two weeks
from the date of acceptance of the offer of admission. Bed holds prior to
admission may exceed two weeks from the date of acceptance with the approval
of the facility administrator; however, the applicant will be responsible for paying
the daily rate following the first two weeks from the date of acceptance of the
offer of admission.
11.200 FINANCIAL INFORMATION
A. Applicant or Resident Primary Source
An applicant or resident is the primary source of financial information to determine ability to pay
except when the management of the applicant's or resident's financial affairs is in the hands of a
legal representative. If the applicant or resident is not the source of financial information, the
reason must be noted in the applicant's or resident's financial information file.
B. Secondary or Alternate Sources of Information
If an applicant or resident is not able to act on the applicant's or reside it's own behalf, the person
interviewed to obtain financial information must be, in order of priority, the applicant's or resident's
legal representative or spouse, if any.
C. Requirement to Apply for Benefits
All residents shall apply for all federal and state benefits for which they may be eligible, including
U.S. Department of Veterans Affairs (VA) benefits, within thirty days of admission. The resident's
status with the facility and eligibility for continued care will not be affected in the event the
resident is denied benefits.
11.210 Maintenance Rates - Payment for Care
A. Pursuant to Section 26-12-108, C.R.S., the Colorado Department of Human Services shall establish
rates for care of residents, which rates shall be as nearly equal to the cost of operation and
maintenance of the state nursing homes as practicable.
B. Facility staff will provide current rate information with all applications for admission. The current rates
shall be posted at each facility in a place accessible to residents.
C. Each facility will send a written notice of any increase in proposed rates to each resident no later than
fourteen calendar days prior to the effective date of the new rate.
11.220 Past Due Accounts
A. Past Due Accounts
A resident's account is past due if the debt has not been paid by the close of business on the due
date. The due date is ten calendar days from the end of the month for which a resident has
received nursing care. Accounts that are thirty days past due may be referred to the State
Controller for collection.
B. Discharge for Nonpayment
Discharge proceedings may be instituted per the Colorado Department 01 Public Hearth and
Environment Regulations for Long-term Care Facilities, Chapter V, Section 12.6 (6 CCR 1011-1)
when an account is past due. Discharge proceedings for past due accounts will be stopped if full
payment is made.
11.300 BURIAL - COLORADO STATE VETERANS CENTER
A. Eligibility for Burial and Internment
The following individuals are eligible for bunal and interment at the Colorado State Veterans
Center:
1. A veteran who at the time of his or her death was a resident of Colorado is eligible for
burial and Internment at the Colorado State Veterans Center, and,
2. A veteran's spouse, surviving spouse; dependant parent, or child, as defined in 38
USC 101(4), including a minor child or an unmarried child who was physically or
mentally disabled and incapable of self-support when such spouse, surviving
spouse, or dependant parent was an occupant of the Center at the time of death.
B. Documented proof of veteran status or veteran relationship must be furnished to the Center's
Administrator.
C. All necessary expenses incident to the burial and interment shall be paid from the estate of
the decedent.
D. Requests for burial and internment must be made at least two business days prior to funeral
to provide time for opening the grave.
E. Burial and interments will be conducted Monday through Friday at noon to provide time for
closing grave.
F. Site selection will be at the discretion of the Center's Administrator since soil conditions require
that new graves be widely dispersed to avoid damage to existing graves.
G. Only upright marble markers or headstones, as furnished by U.S. Department of Veterans
Affairs, will be permitted.
11.400 (None)
11.500.1 OPERATION OF THE COUNTY VETERANS SERVICE OFFICER PROGRAM
In carrying out the responsibilities for the appointment of County Veterans Service officers, the Board of
County Commissioners of individual counties or the Board of adjacent counties, as applicable, shall follow
the mandates of C.R.S. 26-9-101 through 26-9-102. Additionally, the following specific qualifications are
recommended for County Veterans Service officers:
For Part Time Positions:
A high school diploma or its equivalent (G.E.D.), one year adult counseling, office management,
human services, supervision, law enforcement, health services or other equivalent experience in
direct public contact with adults. (Experience in Veterans programs is preferred.)
For Full Time Positions:
A bachelors degree from an accredited university or college and One year adult counseling or
equivalent experience dealing with the public. Adult counseling/public contact experience may be
substituted on a year for year basis for the college degree. (Experience in Veterans programs is
preferred.)
11.500.2
The primary duty of the County Veterans Service Officer shall be to assist any resident of the State of
Colorado who is a veteran or any other person who is entitled or potentially entitled to any right or benefit
under Federal or State laws by virtue of their own veteran status or the veteran status of another person.
This assistance shall be consistent with and in conformance to the rules governing the operation of the
County Veterans Service Officer Program.
11.500.3
Such County Service Officer shall cooperate with the State Division of Veterans Affairs and its staff
members in all areas of the performance of his or her duties as defined in these rules.
A. Information - County Veterans Service Officers shall respond to all requests for information regarding
veterans rights and benefits by giving accurate and complete information. He or she shall work to
develop a knowledge of veterans programs, rights and issues by attendance at training
conferences conducted by the Division of Veterans Affairs and by furnishing the local office with
appropriate and current resource materials regarding veterans programs (i.e., Code of Federal
Regulations - 38, the I-S-1 Fact Sheet etc.). Additionally he or she should maintain and become
familiar with these rules and the other portions of the Manual for the Operation of the County
Veterans Service Officer Program.
B. Outreach - County Veterans Service Officers shall engage in outreach activities- within their counties.
These activities should include public announcements of the office location and hours of
operation (i.e., prominently located signs, media announcements etc.), attendance at meetings of
veterans organizations and other community groups, contact/networking with other human
service providers within the county (e.g., Job Service Centers, Mental Health Centers, Social
Services), and cooperation with the Division of Veterans Affairs in the distribution of news
releases to local media outlets and/or any other outreach activities requested by the Division of
Veterans Affairs.
C. Claims Assistance - He or she shall assist claimants in the proper completion of applications for
veterans benefits, assist in the development and securing of all evidence and documents
necessary for the adjudication of claims and provide all other appropriate assistance or referral as
requested by the Division of Veterans Affairs.
D. Cooperation with County. Departments of Social Services - County Veterans Service Officers shall
provide claims information and assistance to all individuals referred from county departments of
social services. He or she shall also furnish accurate information regarding receipt of benefits or
potential eligibility requests from the county departments.
Additionally, the County Veterans Service Officer shall cooperate with the Division of Veterans
Affairs in efforts to assist applicants for or recipients of state public assistance benefits, in
applying for and securing federal veterans benefits.
E. Equality of Service - County Veterans Service Officers shall provide uniform service and assistance to
all individuals seeking their help, regardless of the race, color, creed, national origin, disability,
gender or any other characteristic or belief of the claimant.
F. Ethical Considerations - The County Veterans Service Officer shall always work in the best interest of
his or her clients. However, he or she should never counsel or be party to an attempt to submit
fraudulent claims information or to participate in an attempt to defraud the federal, state or county
government. He or she shall not engage in activities or interests which conflict with the best
interest of his or her clients. He or she shall protect the privacy of all confidential information in
the files and records.
11.500.4 Duties and Functions of the Division of Veterans Affairs -
The Division of Veterans Affairs shall formulate, establish and supervise a plan and standard procedures
to enable the provision of prompt and efficient service to all veterans and other eligible persons in the
State of Colorado on a uniform basis. It shall accomplish this by carrying out the following specific
functions:
A. Semi-Annual Training Conferences - Provide adequate training to all County Service Officers on a
regular basis by conducting semi-annual training conferences on veterans benefits, rights, and
issues as well as such other topics as may be necessary for the proper job performance of the
County Veterans Service Officers.
B. Training and Certification of Newly Appointed County Service Officers - Provide training to newly
appointed County Veterans Service Officers both in their county offices and in the Office of the
Division of Veterans Affairs. During their first year on the job, newly appointed County Veterans
Service Officers shall accomplish the following_training. The Division shall conduct at least two
on-site trainings with them. County Veterans Service Officers shall make at least one training trip
to the Offices of the Division of Veterans Affairs.
Newly appointed County Veterans Service Officers shall attend both the spring and the fall
training conferences conducted by the Division.
After approximately one year, a newly appointed County Service Officer shall be required to pass
a basic proficiency test regarding veterans benefits and the other information contained in the
Manual For The Operation Of The County Veterans Service Officer Program. This test will be
administered by the Division along with a performance review and evaluation of the County
Veterans Service Officer. Based on the results of the tests and the office review the Division will
certify the County Service Office as eligible to receive State funding and assistance. Count
Veterans Service Officers who are not certified initially will be given remedial training and allowed
to retest for up to six months from the date of failure to certify. If the County Veterans Service
Officer still cannot qualify for certification, the county commissioners will be requested by the
Division to take corrective action and state funds and assistance may not be paid until a qualified
individual is appointed.
C. Periodic Performance Reviews - The Division of Veterans Affairs shall continuously review the
performance of each of the County Veterans Service Officer Programs. This review should
include at least one on site visit to the county annually. The results of the Division's performance
evaluation shall be communicated on an annual basis in writing to the county commissioners of
that county.
D. Non-Compliance with State Rules or Below-Standard Performance - County Veterans Service Officers
who are notified by the Division that their program is out of compliance with the state rules or that
their job performance is below standard, will be given ninety days from the date of such notice to
come into compliance or to improve his/her performance to a standard level. At their discretion,
they may request the assistance of the Division of Veterans Affairs in remedial training. If after
ninety days they still are not in compliance or are performing inadequately state funds and
assistance will be discontinued until such time as a new County Service Officer is appointed.
11.500.5 Required Reports Each county shall file a Monthly Report (Form CVA-26) with the Division detailing its Veterans Service
Officers activities and expenditures for operation of its Veterans Service Office. The semi-annual
payments from the state above will not be made until the required reports are received. All reports for the
fiscal year (July 1 through June 30) being reported must be submitted by July 31 of the subsequent fiscal
year or payments for the unreported months will not be made.
11.500.6 MISCELLANEOUS PROVISIONS
Appeal of Administrative Decisions of the Division of Veterans Affairs - Any decision not to certify or to
cease state funding and assistance to any county service program may be appealed by the county
commissioners of that county. Such appeal must be initiated within sixty days of the official notification of
state action. Such appeal will be made to the Board of Veterans Affairs who will review it and make a
recommendation to the Executive Director of the Department of Social Services whether it should be
granted. The decision of the Executive Director regarding the appeal will be final.