In accordance with the regulations of the Department and applicable law, the home shall be open: to a veteran who: has an honorable discharge from active service with a uniformed service; and is a resident of the State as defined in regulations adopted by the Secretary; or to a spouse of an eligible veteran. The Department may charge an individual a reasonable fee for residence in the home. The Department shall set the fee in accordance with the ability of an individual to pay. However, the fee may not exceed the cost of maintaining the resident in the home and shall allow the resident enough money for necessary and incidental expenses. A resident may be discharged in accordance with the regulations of the Department and applicable law.