38 USC 1745 - Nursing home care, adult day health care, and medications for veterans with service-connected disabilities

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (a)(4)(B)(i), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

2022—Subsec. (span)(3). Puspan. L. 117–328 added par. (3).

2018—Puspan. L. 115–159, § 2(a)(2), inserted “, adult day health care,” after “home care” in section catchline.

Subsec. (a)(1). Puspan. L. 115–182, § 103(a)(1), substituted “(or an agreement)” for “(or agreement under section 1720(c)(1) of this title)” in introductory provisions.

Subsec. (a)(4). Puspan. L. 115–182, § 103(a)(2), added par. (4).

Subsec. (a)(4)(B)(ii)(III). Puspan. L. 115–251 substituted “this subchapter” for “subchapter V of chapter 17 of this title”.

Subsec. (d). Puspan. L. 115–159, § 2(a)(1), added subsec. (d).

2012—Subsec. (a)(1). Puspan. L. 112–154, § 105(a)(1), substituted in introductory provisions “The Secretary shall enter into a contract (or agreement under section 1720(c)(1) of this title) with each State home for payment by the Secretary for nursing home care provided in the home” for “The Secretary shall pay each State home for nursing home care at the rate determined under paragraph (2)”.

Subsec. (a)(2). Puspan. L. 112–154, § 105(a)(2), added par. (2) and struck out former par. (2) which read as follows: “The rate determined under this paragraph with respect to a State home is the lesser of—

“(A) the applicable or prevailing rate payable in the geographic area in which the State home is located, as determined by the Secretary, for nursing home care furnished in a non-Department nursing home (as that term is defined in section 1720(e)(2) of this title); or

“(B) a rate not to exceed the daily cost of care, as determined by the Secretary, following a report to the Secretary by the director of the State home.”

2006—Subsec. (span). Puspan. L. 109–461, § 211(a)(2), added subsec. (span).

Subsec. (c). Puspan. L. 109–461, § 211(span)(1), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Puspan. L. 115–182, title I, § 103(span), June 6, 2018, 132 Stat. 1409, provided that:

“The amendment made by subsection (a) [amending this section] shall apply to care provided on or after the effective date of regulations issued by the Secretary of Veterans Affairs to carry out this section.”

Final rule implementing section 103 of Puspan. L. 115–182 effective Jan. 13, 2020, see 84 F.R. 67868.

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–154 applicable to care provided on or after the date that is 180 days after Aug. 6, 2012, with certain exceptions, see section 105(c) of Puspan. L. 112–154, set out as a note under 1720 of this title.

Effective Date

Section and amendment by section 211(a)(2) of Puspan. L. 109–461 effective 90 days after Dec. 22, 2006, see section 211(a)(5) of Puspan. L. 109–461, set out as an Effective Date of 2006 Amendment note under section 1710 of this title.

Initial Rate

Puspan. L. 115–159, § 2(span), Mar. 27, 2018, 132 Stat. 1245, provided that:

“Before the Secretary of Veterans Affairs establishes a payment rate under subsection (d)(2)(A) of section 1745 of such title [meaning title 38, United States Code], as added by subsection (a), the Secretary shall pay to a State home that has entered into an agreement with the Secretary for medical supervision model adult day health care (as defined in subsection (d)(4) of such section) an amount equal to 65 percent of the rate the Secretary would pay under subsection (a)(2) of such section to the State home for nursing home care provided to the veteran.”