(a) "Veteran" means a person who served in the active military service and who was discharged with an honorable discharge.

(b) "Spouse" means a person who is legally married to a veteran.

(c) "Surviving spouse" means a person who was legally married to a veteran, who is the widow or widower of that veteran and who has not remarried.

(d) "Applicant" means a veteran, a spouse, a surviving spouse, or a married couple, one member of which is a qualified veteran, who is seeking admission to the Montana veterans' home or for whom admission is sought by a court appointed legal guardian.

(e) "Intermediate nursing care" means the provision of nursing care services, health-related services and social services under the supervision of a licensed nurse to patients not requiring 24 hour nursing care.

(f) "Domiciliary care" means the provision of services and care which do not require nursing skills to residents needing some assistance in performing the activities of daily living.

(2) To be admitted to the Montana veterans' home, an applicant must:

(a) be a veteran, spouse, or surviving spouse;

(b) be 55 years of age or, if younger than 55, an invalid and/or unable to earn a livelihood;

(c) meet medical and physical requirements for intermediate nursing care or domiciliary care;

(d) have the mental status necessary to function in a manner conducive to the safety and comfort of residents and staff.

(1) To be considered for admission, the following documents must be submitted by the applicant to the superintendent of the Montana veterans' home:

(a) a completed application form which includes a request for admission to either intermediate or domiciliary care;

(b) documentation of honorable discharge from the armed forces of the United States;

(c) proof of marriage to a veteran, if a spouse or surviving spouse; and

(d) a medical history, including the results of a comprehensive medical evaluation conducted no more than 60 days prior to the date of application.

(2) The superintendent will notify the applicant, in writing, of the decision regarding eligibility.

(3) The eligible applicant will be admitted immediately if there is a bed available which:

(a) provides the level of care required by the applicant; and

(b) is appropriate for a person of the applicant's sex.

(4) If there is no bed immediately available, the applicant will be placed on a waiting list for either intermediate care or domiciliary care.

(5) As beds become available, the Montana veterans' home will admit applicants from the waiting list on the basis of the date of notification of eligibility. In general, the earlier the determination of eligibility, the earlier the admission. However, veterans on the waiting lists will be given preference over spouses and surviving spouses.

(6) The superintendent may waive use of the waiting lists

as described in (5) above if:

(a) the location of an available bed requires that the next person admitted be of a particular sex; or

(b) there is an applicant whose current living conditions

require that he or she be admitted immediately.

(7) When two or more applicants have equal priority on the waiting list, the person with the longest documented Montana residence will be admitted first.

(1) Residents of the Montana veterans' home will be discharged upon request of the resident or his or her legal guardian. The superintendent may discharge a resident for serious violations of the Montana veterans' home rules and regulations.

(2) The director will respond to the appeal, in writing, within 30 days of receipt of the appeal.