41-603.01. Veterans' homes; department procurement exemptions

A. The department shall provide long-term care services and skilled nursing care to veterans and their spouses in veterans' homes and shall operate and maintain the veterans' homes as self-sustaining facilities.

B. The department may employ staff to operate the veterans' homes as skilled nursing facilities that provide long-term care services.

C. The department shall set guidelines for determining eligibility for admission to the veterans' homes and the monetary charges to be paid by residents. All guidelines shall conform to the federal requirements that must be met to qualify the veterans' homes as nursing homes for veterans and to render the homes eligible to receive federal financial assistance.

D. In administering the veterans' homes, the department may:

1. Establish accounts to record the receipt and disbursements from residents to pay for maintenance in the homes.

2. Set charges.

3. Develop accounts and procedures pertaining to incompetent residents.

4. Establish such other accounts as are necessary for the orderly administration of the homes.

5. Settle any debt owed to the veterans' homes by collecting at least seventy-five percent of the account balance.  If the department cannot collect at least seventy-five percent of an account balance, the department shall refer the account to the attorney general's office for collection pursuant to chapter 1, article 5 of this title.

6. Adopt rules necessary for the operation of the veterans' homes.

E. Notwithstanding chapter 23 of this title the department may:

1. Award a contract for tangible personal property to be used by the department without the use of competitive sealed bids or competitive sealed proposals at a price equal to or less than the contractor's current federal supply contract price if the contractor indicates in writing that the contractor is willing to extend the current federal supply contract pricing, terms and conditions to the tangible personal property and the purchase order for the items of tangible personal property adequately identifies the federal supply contract on which the contract is based.

2. Dispose of surplus property at the veterans' homes by sale to private persons, firms and corporations, including hospitals and other nursing home facilities. The department shall deposit, pursuant to sections 35-146 and 35-147, all monies collected from the sale of surplus property at the veterans' homes in the state homes for veterans trust fund established by section 41-608.01.

F. The department is exempt from chapter 23 of this title for the purchase of supplies and items for resale such as food, gift items, souvenirs and other similar items and for contracting for services relating to gift shops and vending machines located in veterans' homes.