Untitled Texas Attorney General Opinion ( 1947 )

R-630 Hon. T0 B, Warden, Member Opinion No, V-310 State Board of Control Austin, Texas Re : Authority of the Board of Control to collect for maintenance of non-indigentpa- tients at Texas ConfederateHome for Men, Dear Sir: Your letter to us states that a patient was admitted to the San Antonio State Hospital on February 24, 1897; and that on May 24,,1943, this patient was transferredfrom the San Antonio State Hospital to the Texas ConfederateHone for Men, with a diagnosis of se- nile dementia, We are advised that he is not a Confed- erate Veteran, You desire to know whether the State of Texas is entitled to be reimbursed for his board, main- tenance, and treatment, Our State Constitution,Article III, Section 51;amended in 1928, in part reads as follows: "The Legislature shall 0 0 0 grant aid for the establishmentand maints- nance of a home ror said (Confederate) soldiers and sailors, their wives and widows and women who aided in the COn- federacy, under such regulationsand lllnitationsas may be provided by law; prriviaddthe Legislature lray provide for husband'andwire to remain to ether in the home," (Underscoringours7 o Article 3196e, v. C. s.$ reads in part as tol- lows: "aaction 1. Patid mnittsa to dtate hospitels end State peychopathic hospitals shell be oi two classes, to- wit: Hon. ,T. B, Warden, Page 2, V-310 "Indigentpatients; "Non-indigentpatients; "Indigentpatients are those who possess no property of any kind nor have anyone legally responsiblefor their support, end who are unable to reimburse the State, This class shall be supported at the expense of the State. "Non-indigentpatients are those who possess some property out of which thr State may be reimbursed,or who have someone legally liable for their support. This class shell be kept and maintained at the expense of the State, as in the first instance, but in such cases the State shall have the right to be reimbursed ror the support, main- tenance and treatment of such patients. "Sec. 2. Where the,patient has no sufficientestate of his own, he shall be maintained at the expense; nor the husband or wire or such persons if able to do so; *Or the rather or mother or such person, if able to do so." The 48th Legislature (1943),Regular Ses- sion, page 18, Chapter 16, provided for the immedi- ate admission into the Texas ConfederateHome for Men at Austin, or senile persons now or hereafter admit- ted to a State Hospital or froa any county in Texas, provided they are transferred there by the State Board or Control. The pertinent parts of said Act, whloh is codiriea in Vernon's Civil Statutes as Artiole 3216a are as rollows: "Section 1. That all eligible Con- federate Veterans hereafter making ap- plication ror admission to the Tex6s Con- federate Home fo,r Men at Austin, Texas, be given priority of admission, and the State Board or Control, shall rrso.rve Hon, T, B, Warden, Page 3, V-310 surrioient space, at all times, for their admission and maintenanceand they, to- gether with all ConradorateVeterans now maintained in aaid home, and all senile persona to be transf’erredto said home shall be segregatedand be maintained in said home, veto 2. The Superintendentof any G .,+;,: ,'E State Hospital is hereby authorized,upon reoaipt of a written order from the State Board of Control, to transfer rrom said Texas Hospital to the Texas Confederate Home for Men at Austin, Texas9 any senile patient now being maintained in seid hos- pital, or hereafter admitted thereto, and to relinquish custody of said senile pa- tient, and custody of said petiant is hereby placed in the Confederate Home for Man at Austin, Texas, "Set, 3, The Utate Board of Control dhall have the right to cause to be ad- mitted to the Texas ConfederateHome ror Men at Austin, Texas, any senile aged per- son after such parson has been duly ad- judged insane, upon receipt of the oorti- riea transcript of such proceeding in the manner required by law, T9eco l+o The Superintendentof the Texas ConfederateHome for Men et Austin, Texas, maye upon the recommendationof the ohief physician employed at suoh in- stitutions &rant eny senile patient oon- rimed thorsfn a rurlough or diSCher in the same manner fn which such senile pa- tients are now released rrom State Hos- pitels, Wet, 5. The Texas Conrederate Home for Men at Austin, Texas, shall nev- er be oonsidereda omstodial institution in so rar as the laws2 rules and regula- tions governing such institutionsaffeat OonfederateVeterans9 but shall be and is hereby made a custodialinstitution ror senile patients, Hon. T. B. Warden, Page 4, V-310 eSecp 6. The preceding provisions of this Act are cumulative of existing law governing the Texas ConfederateHome for Men, and 1.tis the legislativein- tent that suoh home revert to the pur- poses for which it had been heretofore dedicated,when other faoilities for the care of the seniled aged patients, contemplatedby this Aot, are provided.* A hospital is an institutionfor the reoep- tion, care and medical treatment of the sick or in- jured; and a psychopathichospital is an institution to treat and care for persons afflicted with mental disorders, %enileW pertains to, or is characteris- tie or, or is oeu8iedby old age. The Legislatureby enactingArticle 3216a specificall made the Texas ConfederateHome for Men at Austin, gexas, when used as authorized by this stet- ute, “a custodial institutionfor senile patients* (Sec- tion 5) and authorizes the Superintendentthereof to grant "any senile patient confined therein a furlough or discharge in the same manner in which such senile patients are now released from State hospitals," (Sea- tion 4). Thus, the Texas ConfederateHome for Men at Austin, Texas, when serving as a custodial institution ror senile patients is a State hospital or a State psy- ohopathichospital, and therefore, suoh patients in the ConfederateHome, who do not qualify as Confede~r- ate Veterans, come within the purview of Article 3196a, v* c, 9. If the State of Texas is entitled to be re- imbursed for the cere and treatment of such a patient at any other State hospital or State psychopathichos- pital under Article 3196e, V. C. S., then, in our opin- ion, the State Board of Control may require reimburse- ment for board, maintenance. and treatment of such non-indigentpatients at the Texas ConfederateHome for Men. SUMMARY Article 3216a, V, 0, gir authorizes the additional use of the Texas Gonreaer- ate Home for Men at Austin, Texas, as a custodial institutionror senile patients who are not ConfederateVeterans, and the State Is due reimbursement,for board, main- tenance, and treatment of such patients who . Hon. T, B. Wardm, Page 5, V-310 am non-indlgpntwithin that classifica- tion uder Article 3i96a, Te C. S, Yours very tru$y AlTORNEYGENBHAL OFTPXAS Darid Wuntch Assistant. ATTORNEY tZN%FtAL. -