The Legislature hereby finds and determines that there currently exists a significant need for health, nursing, medical, rehabilitative and related housing structures for those residents of this state who have served their state and nation in its armed forces. The Legislature further finds and determines that in order to meet this need, it is necessary for there to be established a state veterans* home or homes to be operated by the State Department of Veterans* Affairs, and to vest in such department those powers and authority that may be necessary to enable it to accomplish the establishment and operation of a state veterans* home or homes. This chapter shall be liberally construed in conformity with the purposes expressed.

As used in this chapter the term @veteran@ shall have the same meaning ascribed to such term in Section 31-5-1.

The State Department of Veterans* Affairs is designated as the agency of this state to receive federal aid under Title 38, U.S.C., Sections 641 and 642, as amended. The department is authorized and directed to receive federal aid from the United States Veterans Administration or any other agency of the United States government authorized to pay federal aid to states for soldiers* homes under Title 38, U.S.C., Sections 641 and 642, as amended, and from any other federal law or act of Congress providing for the payment of funds to states for the care of or support of disabled soldiers and sailors in the state homes. The department is authorized to receive from any source gifts, contributions, bequests, and individual reimbursements, the receipt of which does not exclude any other source of revenue. All funds received by the department shall be deposited in the State Treasury in the Alabama Veterans* Home Trust Fund and such funds shall be expended per authorization of the State Board of Veterans* Affairs.

The department shall contract with a non-governmental entity to operate a state veterans* home or homes for the care and support of elderly or disabled veterans in the State of Alabama. Contracts for the procurement of services required to manage, administer and operate a state veterans* home shall be awarded on a competitive basis through the solicitation of proposals. Said contract may be awarded to the vendor whose proposal is most advantageous to the state, taking into consideration cost factors, program suitability factors, management plan, excellence of program design, key personnel, corporate or company resources, financial condition of the vendor, corporate experience and past performance, and any other requirements deemed necessary by the State Board of Veterans* Affairs and expressed in its solicitation for proposals. Any contract awarded under this section shall be for a period not to exceed five years. The State Board of Veterans* Affairs is not required to select the vendor offering the lowest cost proposal but shall select the vendor who, in the Board*s discretion, offers the proposal most advantageous to the State of Alabama. Sections 41-16-20, et seq., are not applicable to the award of contracts provided for herein.

It shall be the duty of the State Service Commissioner to appoint a department representative for any Alabama state veterans* home, subject to approval of the State Board of Veterans* Affairs. The department representative position herein provided for shall be exempt status (non-merit), and shall be subject to guidelines as established herein. Each department representative will be appointed on the basis of education, ability and experience in the administration of medical facilities and/or nursing homes, without regard to political affiliations. Each department representative shall perform his duties in accordance with the rules, guidelines and general policies as may be established by the State Board of Veterans* Affairs and as provided in this chapter. Each department representative shall serve at the pleasure of the State Board of Veterans* Affairs, and shall receive such compensation as shall be determined by said board with the approval of the Governor of the state. Each department representative shall publish annually a full report of the operations and administration of the state veterans* home that is under his administration, together with recommendations and suggestions for improvements in facilities and services, and submit such report to the State Board of Veterans* Affairs.

The State Board of Veterans* Affairs, in conference with the State Service Commissioner of Veterans* Affairs, shall have the authority exclusively:

(a) To provide for the operation of a state veterans* home or homes for the care of and support of elderly and disabled veterans in the State of Alabama as prescribed in this chapter;

(b) To make necessary rules and regulations for the creation and operation of any state veterans* homes;

(c) To apply for and accept gifts, grants, and other contributions from the federal government or from any other governmental unit;

(d) To use the funds received from the federal government or from any other governmental unit for the purposes authorized and directed by the federal government or such other governmental unit in making the funds available;

(e) To accept and use gifts, grants, donations, and contributions of real estate, both vacant and improved, facilities, services or other property from individuals, firms, corporations, organizations, and associations and from county and municipal corporations and their subdivisions, plus any other sources of revenue for any state veterans* homes. All expenditures from said trust fund shall be made upon warrants issued by the State Comptroller drawn on account held by the State Treasury based upon claims, approved by the State Board of Veterans* Affairs, as provided in this section.

There is hereby created in the State Treasury a trust fund for the Alabama Department of Veterans* Affairs, to be known as the Alabama Veterans* Home Trust Fund. The said trust fund shall consist of all funds and monies received by the State Board of Veterans* Affairs and/or the Alabama Department of Veterans* Affairs from the United States, any federal agency or institution, gifts, contributions, bequests, any individual reimbursements, and any other source, for the care or support of veterans, discharged other than under dishonorable conditions, who have been admitted and cared for at an Alabama Department of Veterans* Affairs state veterans* home. Nothing contained herein prohibits the establishment and utilization of special agency accounts by the Department of Veterans* Affairs and its constituent institutions, as may be approved by the State Board of Veterans* Affairs, for receipt and disbursement of the personal funds of state veterans* home residents and members and/or for receipt and disbursement of charitable contributions and donations for use by and for residents and members. The trust fund herein created shall be used by the Alabama Department of Veterans* Affairs to pay for the care of veterans, discharged other than under dishonorable conditions, in said state veterans* home and to pay the general operating expenses of the state veterans* home, including the payment of salaries and wages of officials and employees. Further provided, that funds in said trust fund may be used to remodel, repair, construct, build additions, modernize, or add improvements of domiciliary or hospital buildings necessary for the care of veterans, plus architectural plans, specifications, or other costs pertinent thereto as approved by appropriate state agencies. All funds deposited plus income earned on the investment or reinvestment shall be credited to the trust fund created herein. Any money remaining in the fund at the end of each fiscal year shall remain on deposit in the State Treasury to the credit of the Alabama Veterans* Home Trust Fund. No funds shall be withdrawn or expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Article 4 of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the General Appropriation Act.

Admissions to and discharges from any Alabama state veterans* home shall be in accordance with the policies and procedures as established by the State Board of Veterans* Affairs at the time application for admission or for discharge is presented; provided, however, that the State Board of Veterans* Affairs may admit and discharge veterans to any Alabama veterans* home who qualify for care and treatment under Title 38, U.S.C., Section 101 (19) and Section 641, and may adopt appropriate rules consistent with accepted medical considerations to carry out this function.

The State Board of Veterans* Affairs shall report to the Governor annually respecting the activities of the State Department of Veterans* Affairs in connection with operation of the state veterans* homes. This report shall contain an accounting for all moneys received and expended, statistics on veterans who resided in the homes during the year, recommendations to the Governor and the Legislature and such other matters as the said board shall deem pertinent. The State Service Commissioner, with the approval of the State Board of Veterans* Affairs, shall compile an annual budget request, as necessary, respecting needs for state funding for anticipated costs of such homes, which request shall be submitted to the Department of Finance in conjunction with the State Department of Veterans* Affairs annual budget requests.

Each resident of any state veterans* home shall pay to the State Department of Veterans* Affairs for deposit in the Alabama Veterans* Home Trust Fund, the cost of maintaining his/her residence at the home. The cost shall be as prescribed by the State Board of Veterans* Affairs in conference with the State Service Commissioner. The cost of the care shall be paid by the 10th of each month.

Any home in addition to the one located in Alexander City, Alabama, or any proposed new service or proposed change of service or any requirement then deemed applicable shall be subject to the certificate of need process, the Department of Public Health Division of Licensure and Certification and any and all review and approval processes, criteria, statutory and administrative rules and regulations then applicable to any proposed privately-owned and/or operated nursing home facility or health care provider seeking to operate in Alabama. All state veterans* nursing homes, domiciliaries, hospitals or any other health related activities shall be subject to all the rules and regulations governing and controlling the operation of a privately-owned facility or provider of health services in the State of Alabama.