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B-125206, NOV. 18, 1957

B-125206 Nov 18, 1957
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IS A "HOME" WITHIN THE MEANING OF THE ACT OF AUGUST 27. THE COMMENTS TO WHICH YOU REFER ARE AS FOLLOWS: "ALSO. INSOFAR AS OUR DECISION INDICATES PAYMENTS OF FEDERAL AID TO THE HOMES IN THESE STATES ARE UNAUTHORIZED THAT DECISION IS AFFIRMED WITHOUT PREJUDICE TO ANY ACTION THE STATES MAY TAKE TO ESTABLISH HOMES WITHIN THE MEANING OF THE 1888 ACT. AS FOLLOWS: "ALL STATES OR TERRITORIES WHICH HAVE ESTABLISHED OR WHICH SHALL ESTABLISH. STATE HOMES FOR DISABLED SOLDIERS AND SAILORS OF THE UNITED STATES WHO SERVED IN THE CIVIL WAR OR IN ANY PREVIOUS OR SUBSEQUENT WAR WHO ARE DISABLED BY AGE. BY REASON OF SUCH DISABILITY ARE INCAPABLE OF EARNING A LIVING. PROVIDED SUCH DISABILITY WAS NOT INCURRED IN SERVICE AGAINST THE UNITED STATES.

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B-125206, NOV. 18, 1957

TO HONORABLE M. V. HIGLEY, ADMINISTRATOR, VETERANS ADMINISTRATION:

YOUR LETTER OF OCTOBER 9, 1957, REQUESTS OUR VIEWS CONCERNING THE MATTER OF WHETHER THE GEORGIA STATE WAR VETERANS' HOME AT MILLEDGEVILLE, GEORGIA, MAY BE RECOGNIZED AS A "HOME" WITHIN THE MEANING OF THE ACT OF AUGUST 27, 1888, AS AMENDED, 24 U.S.C. 134, SO AS TO QUALIFY THE STATE OF GEORGIA TO RECEIVE FEDERAL AID FOR ELIGIBLE VETERANS MAINTAINED IN THAT HOME. YOU ENCLOSE FOR THAT PURPOSE A COPY OF A REPORT OF SURVEY OF THE HOME AT MILLEDGEVILLE, DATED AUGUST 26, 1957, MADE BY MEMBERS OF YOUR STAFF; A COPY OF THE GEORGIA STATUTE ESTABLISHING THE GEORGIA STATE WAR VETERANS' HOME; AND A COPY OF AN AGREEMENT OF JULY 9, 1957, BETWEEN THE VETERANS' HOME COMMISSION OF GEORGIA AND THE GEORGIA DEPARTMENT OF PUBLIC WELFARE.

YOU SAY THAT THE CRITERIA SET FORTH IN OUR DECISION OF APRIL 26, 1956, B- 125206, 35 COMP. GEN. 583, TO THE EFFECT THAT THE OKLAHOMA STATE WAR VETERANS' FACILITY IN NORMAN, OKLAHOMA, IS A "HOME" WITHIN THE MEANING OF THE ACT OF AUGUST 27, 1888, AS AMENDED, MAY BE ADAPTED TO THE GEORGIA STATE WAR VETERANS' HOME AT MILLEDGEVILLE, GEORGIA. HOWEVER, YOU SAY THAT IN VIEW OF THE COMMENTS CONCERNING THE HOME AT MILLEDGEVILLE IN OUR DECISION OF FEBRUARY 24, 1956, B-125206, 35 COMP. GEN. 476, YOU DEEM IT ADVISABLE TO ASCERTAIN OUR VIEWS CONCERNING THIS FACILITY. THE COMMENTS TO WHICH YOU REFER ARE AS FOLLOWS:

"ALSO, THE BRIEF OF GEORGIA, WHILE CONTENDING THAT UNDER THE STATE STATUTE A TRULY DOMICILIARY HOME MIGHT BE ESTABLISHED, DOES NOT APPEAR TO CONTEND THAT IT HAS ESTABLISHED A DOMICILIARY HOME. ACCORDINGLY, INSOFAR AS OUR DECISION INDICATES PAYMENTS OF FEDERAL AID TO THE HOMES IN THESE STATES ARE UNAUTHORIZED THAT DECISION IS AFFIRMED WITHOUT PREJUDICE TO ANY ACTION THE STATES MAY TAKE TO ESTABLISH HOMES WITHIN THE MEANING OF THE 1888 ACT, AS AMENDED.'

SECTION 134, TITLE 24, U.S.C. (ACT OF AUGUST 27, 1888, AS AMENDED), PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"ALL STATES OR TERRITORIES WHICH HAVE ESTABLISHED OR WHICH SHALL ESTABLISH, STATE HOMES FOR DISABLED SOLDIERS AND SAILORS OF THE UNITED STATES WHO SERVED IN THE CIVIL WAR OR IN ANY PREVIOUS OR SUBSEQUENT WAR WHO ARE DISABLED BY AGE, DISEASE, OR OTHERWISE, AND BY REASON OF SUCH DISABILITY ARE INCAPABLE OF EARNING A LIVING, PROVIDED SUCH DISABILITY WAS NOT INCURRED IN SERVICE AGAINST THE UNITED STATES, SHALL BE PAID FOR EVERY SUCH DISABLED SOLDIER OR SAILOR WHO MAY BE ADMITTED AND CARED FOR IN SUCH HOME AT THE RATE OF $700 PER ANNUM FROM SEPTEMBER 1, 1954.

"THE NUMBER OF SUCH PERSONS FOR WHOSE CARE ANY STATE OR TERRITORY SHALL RECEIVE THE SAID PAYMENT UNDER THIS SECTION SHALL BE ASCERTAINED BY THE ADMINISTRATOR OF VETERANS' AFFAIRS UNDER SUCH REGULATIONS AS IT MAY PRESCRIBE, BUT THE SAID STATE OR TERRITORIAL HOMES SHALL BE EXCLUSIVELY UNDER THE CONTROL OF THE RESPECTIVE STATE OR TERRITORIAL AUTHORITIES, AND THE ADMINISTRATOR SHALL NOT HAVE NOR ASSUME ANY MANAGEMENT OR CONTROL OF SAID STATE OR TERRITORIAL HOMES.'

IN OUR LETTERS OF OCTOBER 13, 1955, FEBRUARY 24, AND APRIL 26, 1956, B- 125206, WE STATED OUR VIEW TO BE THAT FEDERAL AID UNDER THE 1888 ACTIS AUTHORIZED TO STATE INSTITUTIONS FURNISHING PRIMARILY DOMICILIARY CARE FOR THE DISABLED ELIGIBLE VETERANS, THAT IS, SHELTER, FOOD AND CLOTHING AND INCIDENTAL MEDICAL CARE BUT NOT TO INSTITUTIONS FURNISHING PRIMARILY HOSPITAL CARE OR TREATMENT--- HOWEVER SUCH INSTITUTIONS MAY BE DENOMINATED BY THE STATE. WE ALSO EXPRESSED THE VIEW THAT THE FACT THAT THE DISABLED VETERANS MAY BE IN AN INSTITUTION BY COMMITMENT RATHER THAN VOLUNTARILY IS NOT SIGNIFICANT IN DETERMINING WHETHER THE INSTITUTION IS A "HOME" WITHIN THE MEANING OF THE ACT AND THAT, AS YOUR ADMINISTRATION'S SURVEY REPORT DISCLOSED THAT THE FACILITY AT NORMAN, OKLAHOMA, IN EFFECT FURNISHED DOMICILIARY CARE TO THE VETERANS HOUSED THEREIN AND ONLY INCIDENTAL MEDICAL CARE, IT CONSTITUTED A HOME WITHIN THE MEANING OF THE 1888 ACT.

THE PRESENT SURVEY REPORT INDICATES THE MILLEDGEVILLE, GEORGIA, INSTITUTION ALSO FURNISHES PRIMARILY DOMICILIARY CARE, APPROXIMATELY 80 PERCENT OF THE INMATES RECEIVING ONLY SUCH CARE AND THAT THE REMAINING APPROXIMATELY 20 PERCENT ARE RECEIVING HOSPITAL CARE OR TREATMENT. THE SURVEY REPORT OTHERWISE INDICATES THE CONDITIONS ARE NOT SUBSTANTIALLY DIFFERENT FROM THOSE AT NORMAN. THEREFORE, OUR VIEW IS THAT THE MILLEDGEVILLE INSTITUTION ALSO MAY QUALIFY AS A HOME, AND IF YOU SO DETERMINE AND AUTHORIZE PAYMENTS ACCORDINGLY WE WILL INTERPOSE NO OBJECTION THERETO.

WE SHOULD APPRECIATE YOUR FURNISHING US ADVICE AS TO THE ACTION TAKEN CONCERNING THE ELIGIBILITY OF THE MILLEDGEVILLE, GEORGIA, HOME, AND AS TO WHETHER THE MEMBERS OF THE CONGRESS WHO HAVE EXPRESSED INTEREST THEREIN HAVE BEEN ADVISED OF SUCH ACTION.

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