(1) Eligibility for admission to the Montana veterans' home is determined without regard to race, color, sex, culture, social origin or condition, political or religious ideas, or ability to pay for the cost of care.

(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.