Prior sections 1740 and 1741 were renumbered sections 3540 and 3541 of this title, respectively.
2021—Subsec. (a)(1). Pub. L. 116–315, § 3007(b), substituted “under the laws administered by the Secretary” for “in a Department facility” in concluding provisions.
Subsec. (g). Pub. L. 116–315, § 3004(b), added subsec. (g).
2006—Subsec. (a)(1). Pub. L. 109–461, § 211(a)(3)(A), substituted “Except as provided in section 1745 of this title, the” for “The”.
Subsec. (f). Pub. L. 109–461, § 211(b)(2), added subsec. (f).
2004—Subsec. (e). Pub. L. 108–422 added subsec. (e).
1999—Subsec. (a)(2). Pub. L. 106–117 substituted “extended care services described in any of paragraphs (4) through (6) of section 1710B(a) of this title under a program administered by a State home” for “adult day health care in a State home”.
1996—Subsec. (a). Pub. L. 104–262 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).
1995—Subsecs. (c) to (e). Pub. L. 104–66 redesignated subsecs. (d) and (e) as (c) and (d), respectively, and struck out former subsec. (c) which read as follows: “The Secretary shall submit every three years to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the adequacy of the rates provided in subsection (a) of this section in light of projections over each of the following five years of the demand on the Department for the provision of nursing home care to veterans eligible for such care under this section and sections 1710 and 1720 of this title. The first such report shall be submitted not later than
1992—Subsec. (e). Pub. L. 102–585 added subsec. (e).
1991—Pub. L. 102–83, § 5(a), renumbered section 641 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in concluding provisions.
Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “1710 and 1720” for “610 and 620”.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “1720(a)(2)(A)” for “620(a)(2)(A)”.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
1988—Subsec. (a). Pub. L. 100–322, § 134(a)(1), added cls. (1) and (2) and struck out former cls. (1) to (3) which read as follows:
“(1) $7.30 for domiciliary care,
“(2) $17.05 for nursing home care, and
“(3) $15.25 for hospital care,”.
Subsec. (d). Pub. L. 100–322, § 134(a)(2), added subsec. (d).
1983—Subsec. (a). Pub. L. 98–160, § 105(a)(1), substituted “$7.30” for “$6.35” in par. (1), “$17.05” for “$12.10” in par. (2), and “$15.25” for “$13.25” in par. (3).
Subsec. (c). Pub. L. 98–160, § 105(a)(2), added subsec. (c).
1979—Subsec. (a). Pub. L. 96–151 substituted “$6.35” for “$5.50”, “$12.10” for “$10.50”, and “$13.25” for “$11.50”.
1976—Pub. L. 94–581 struck out “of any war or of service after
Pub. L. 94–417 designated existing provisions as subsec. (a), increased from $4.50 to $5.50 the per diem rate for domiciliary care, from $6 to $10.50 the per diem rate for nursing home care, and from $10 to $11.50 the per diem rate for hospital care, struck out “of any war or of service after
1973—Pub. L. 93–82 increased from $3.50 to $4.50 the per diem rate for domiciliary care, from $5 to $6 the per diem rate for nursing home care, and from $7.50 to $10 the per diem rate for hospital care, and substituted “veteran of any war or of service after
1969—Pub. L. 91–178 increased from $3.50 to $7.50 the per diem payment for hospital care.
1968—Pub. L. 90–432 increased from $2.50 to $3.50 the per diem rate for hospital or domiciliary care and from $3.50 to $5.00 the per diem rate for nursing home care as the amounts the Administrator shall pay each State providing such services for veterans.
1964—Pub. L. 88–450 amended section generally and, among other changes, authorized payment at the per diem rate of $3.50 for each veteran receiving nursing care in a State home, if such veteran meets the requirements of paragraph (1), (2), or (3) of section 610(a) of this title, except that the requirement in clause (B) of such paragraph (1) shall, for this purpose, refer to the inability to defray the expenses of necessary nursing home care, and eliminated provisions which permitted reduction of the amount payable to the State homes under certain conditions and prohibited payments to State homes where a bar or canteen is maintained therein where intoxicating liquors are sold.
1962—Subsec. (b). Pub. L. 87–819 provided that no reduction shall be made by the retention or collection by a State home of amounts from the estate of a deceased veteran if such amounts are placed in a post or other special fund for the benefit of the State home or its inhabitants in providing the benefits enumerated in clauses (A) to (C).
1960—Subsec. (a). Pub. L. 86–625 substituted “at the per diem rate of $2.50 per diem for each veteran” for “at the annual rate of $700.00 for each veteran”.
Amendment by section 211(a)(3)(A) of Pub. L. 109–461 effective 90 days after
Pub. L. 100–322, title I, § 134(b), “(1) The amendment made by subsection (a)(1) [amending this section] shall take effect as of “(2) The amendment made by subsection (a)(2) [amending this section] shall take effect on
Pub. L. 98–160, title I, § 105(b),
Pub. L. 96–151, title I, § 101(b)(2),
Amendment by Pub. L. 94–581 effective
Pub. L. 94–417, § 1(c), “(1) The amendments made by subsection (a) of this section [amending this section] shall be effective on “(2) At the time of the first payment to a State under section 641 [now 1741] of title 38, United States Code, as amended by subsection (a) of this section, the Administrator of Veterans’ Affairs shall pay such State, in a lump sum, an amount equal to the difference between the total amount paid each such State under such section 641 [now 1741] for care provided by such State in a State home from
Amendment by Pub. L. 93–82 effective
Pub. L. 88–450, § 3(c),
Pub. L. 117–328, div. U, title I, § 162, [Amended section 1745 of this title]“(a) The Secretary of Veterans Affairs shall develop a standardized process throughout the Department of Veterans Affairs for entering into sharing agreements between State homes and medical centers of the Department.“(b) “(c) “(1) The Secretary shall monitor any contractor used by the Department to conduct inspections of State homes, including by reviewing the inspections conducted by each such contractor for quality not less frequently than quarterly.“(2)
Pub. L. 117–328, div. U, title I, § 163, “(a) Not later than one year after the date of the enactment of this Act [“(b) The Secretary shall carry out the pilot program under this section for a two-year period.“(c) Assistance provided under the pilot program under this section may include—“(1) direct provision of geriatric psychiatry services, including health care if feasible;“(2) payments to non-Department of Veterans Affairs providers in the community to provide such services;“(3) collaboration with other Federal agencies to provide such services; or“(4) such other forms of assistance as the Secretary considers appropriate.“(d) In providing assistance under the pilot program under this section, the Secretary shall consider the geriatric psychiatry needs of the local area, including by considering—“(1) State homes with a high proportion of residents with unmet mental health needs;“(2) State homes located in mental health care health professional shortage areas designated under section 332 of the Public Health Service Act (42 U.S.C. 254e); or“(3) State homes located in rural or highly rural areas.“(e) In this section, the terms ‘State home’ and ‘veteran’ have the meanings given those terms in section 101 of title 38, United States Code.”
Pub. L. 116–315, title III, § 3004(d)–(f), “(d) “(1) Not later than 180 days after the date of the enactment of this Act [“(2) Not later than 90 days after completing consultations under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report recommending legislative action that the Secretary considers appropriate to modify the State home program described in such paragraph in light of those consultations.“(3) Not later than 180 days after completing consultations under paragraph (1), the Secretary shall make any modifications to regulations implementing the State home program, for which legislative action is not necessary, as the Secretary considers appropriate in light of those consultations.“(e) The Secretary of Veterans Affairs shall provide technical support and assistance to Indian tribes in carrying out the State home program at State homes operated by Indian tribes pursuant to the amendments made by this section.“(f) In this section:“(1) The term ‘appropriate committees of Congress’ means—“(A) the Committee on Veterans’ Affairs and the Committee on Indian Affairs of the Senate; and“(B) the Committee on Veterans’ Affairs and the Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources of the House of Representatives.“(2) The term ‘Indian tribe’ has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).“(3) The term ‘State home’ has the meaning given that term in section 101(19) of title 38, United States Code.“(4) The term ‘State home program’ means the program of the Department of Veterans Affairs for which payments are made under subchapter V of chapter 17 of title 38, United States Code, and assistance is provided under subchapter III of chapter 81 of such title.”
Pub. L. 116–315, title III, § 3007, [Amended this section.]“(a) Notwithstanding section 1741 of title 38, United States Code (as amended by subsection (b)), the Secretary of Veterans Affairs shall modify section 51.51(b) of title 38, Code of Federal Regulations (or successor regulations), to provide the Secretary the authority to waive the requirements under such section 51.51(b) for a veteran to be eligible for per diem payments for domiciliary care at a State home if—“(1) the veteran has met not fewer than four of the requirements set forth in such section; or“(2) such waiver would be in the best interest of the veteran.“(b) “(c) In this section, the term ‘State home’ has the meaning given that term in section 101(19) of title 38, United States Code.”
Pub. L. 116–136, div. B, title X, § 20005, “(a) During a public health emergency, occupancy rate requirements for State homes for purposes of receiving per diem payments set forth in section 51.40(c) of title 38, Code of Federal Regulations, or successor regulations, shall not apply.“(b) During a public health emergency, the veteran percentage requirements for State homes set forth in section 51.210(d) of title 38, Code of [Federal] Regulations, or successor regulations, and in agreements for grants to construct State homes, shall not apply.“(c) “(1) During a public health emergency, the Secretary of Veterans Affairs may provide to State homes medicines, personal protective equipment, medical supplies, and any other equipment, supplies, and assistance available to the Department of Veterans Affairs.“(2) Personal protective equipment may be provided under paragraph (1) through the All Hazards Emergency Cache of the Department of Veterans Affairs or any other source available to the Department.“(d) In this section:“(1) The term ‘personal protective equipment’ means any protective equipment required to prevent the wearer from contracting COVID–19, including gloves, N–95 respirator masks, gowns, goggles, face shields, or other equipment required for safety.“(2) The term ‘public health emergency’ means an emergency with respect to COVID–19 declared by a Federal, State, or local authority.“(3) The term ‘State home’ has the meaning given that term in section 101(19) of title 38, United States Code.”
[For definition of “public health emergency” as used in section 20005 of Pub. L. 116–136, set out above, see section 20003 of Pub. L. 116–136, set out as a note under section 303 of this title.]
Pub. L. 88–450, § 3(b),