Title 38 — Veterans' BenefitsRelease 119-73
§8134 General regulations
Title 38 › Part PART VI— - ACQUISITION AND DISPOSITION OF PROPERTY › Chapter CHAPTER 81— - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY › Subchapter SUBCHAPTER III— - STATE HOME FACILITIES FOR FURNISHING DOMICILIARY, NURSING HOME, AND HOSPITAL CARE › § 8134
Summary
The Secretary must make rules to run the program. The rules will set how many nursing home and domiciliary beds each State can get help for. Those bed numbers must be based on projected demand 10 years after the Veterans Millennium Health Care and Benefits Act took effect, for veterans who will be 65 or older and who live in that State. The Secretary must consider travel distances for veterans and their families. The rules must also say how to judge a State’s application for new, added, or replacement beds and label the unmet need as great, significant, or limited, taking into account beds already run by the VA and other providers. The Secretary must review and update these rules at least every four years. The Secretary must also set basic construction, repair, equipment, and care standards for facilities that get help. Care rules must be at least as strict as the standards in section 1720(b). The Secretary may inspect assisted State facilities as needed to make sure they meet the care standards. When counting unmet bed need, the Secretary must subtract beds listed in all earlier applications from that State, even if those beds were not recognized under section 1741. Money for renovation is allowed only for projects with total construction costs over $400,000 (adjustable). Renovation means remodeling existing buildings and does not include regular maintenance or repairs the State must do.
Full Legal Text
Title 38, §8134
Veterans' Benefits — Source: USLM XML via OLRC
(a)(1)The Secretary shall prescribe regulations for the purposes of this subchapter.
(2)In those regulations, the Secretary shall prescribe for each State the number of nursing home and domiciliary beds for which assistance under this subchapter may be furnished. Such regulations shall be based on projected demand for such care 10 years after the date of the enactment of the Veterans Millennium Health Care and Benefits Act by veterans who at such time are 65 years of age or older and who reside in that State. In determining such projected demand, the Secretary shall take into account travel distances for veterans and their families.
(3)(A)In those regulations, the Secretary shall establish criteria under which the Secretary shall determine, with respect to an application for assistance under this subchapter for a project described in subparagraph (B) which is from a State that has a need for additional beds as determined under subsections (a)(2) and (d)(1), whether the need for such beds is most aptly characterized as great, significant, or limited. Such criteria shall take into account the availability of beds already operated by the Secretary and other providers which appropriately serve the needs which the State proposes to meet with its application.
(B)This paragraph applies to a project for the construction or acquisition of a new State home facility, a project to increase the number of beds available at a State home facility, and a project to replace beds at a State home facility.
(4)The Secretary shall review and, as necessary, revise regulations prescribed under paragraphs (2) and (3) not less often than every four years.
(b)The Secretary shall prescribe the following by regulation:
(1)General standards of construction, repair, and equipment for facilities constructed or acquired with assistance received under this subchapter.
(2)General standards for the furnishing of care in facilities which are constructed or acquired with assistance received under this subchapter, which standards shall be no less stringent than those standards prescribed by the Secretary pursuant to section 1720(b) of this title.
(c)The Secretary may inspect any State facility constructed or acquired with assistance received under this subchapter at such times as the Secretary deems necessary to insure that such facility meets the standards prescribed under subsection (b)(2).
(d)(1)In prescribing regulations to carry out this subchapter, the Secretary shall provide that in the case of a State that seeks assistance under this subchapter for a project described in subsection (a)(3)(B), the determination of the unmet need for beds for State homes in that State shall be reduced by the number of beds in all previous applications submitted by that State under this subchapter, including beds which have not been recognized by the Secretary under section 1741 of this title.
(2)(A)Financial assistance under this subchapter for a renovation project may only be provided for a project for which the total cost of construction is in excess of $400,000 (as adjusted from time-to-time in such regulations to reflect changes in costs of construction).
(B)For purposes of this paragraph, a renovation project is a project to remodel or alter existing buildings for which financial assistance under this subchapter may be provided and does not include maintenance and repair work which is the responsibility of the State.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The date of the enactment of the Veterans Millennium Health Care and Benefits Act, referred to in subsec. (a)(2), is the date of enactment of Pub. L. 106–117, which was approved Nov. 30, 1999.
Amendments
1999—Subsecs. (a), (b). Pub. L. 106–117, § 207(a)(1)–(3), added subsec. (a), redesignated former subsec. (a) as (b) and struck out introductory provisions and par. (1) which authorized Secretary to prescribe number of beds needed for adequate nursing home care of veterans, and redesignated former pars. (2) and (3) of subsec. (a) as pars. (1) and (2), respectively, of subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 106–117, § 207(a)(1), (4), redesignated subsec. (b) as (c) and substituted “subsection (b)(2)” for “subsection (a)(3)”. Subsec. (d). Pub. L. 106–117, § 207(a)(5), added subsec. (d). 1991—Pub. L. 102–40 renumbered section 5034 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted “1720(b)” for “620(b)” in subsec. (a)(3). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Pub. L. 102–54 amended section as in effect immediately before the enactment of Pub. L. 102–40 by inserting “(a)” before “Within six months”, substituting “any amendment to this section” for “this section or any amendment to it”, designating sentence at end of par. (3) as subsec. (b), realigning such sentence, and substituting “the standards prescribed under subsection (a)(3)” for “such standards” at end of such sentence. 1984—Pars. (2), (3). Pub. L. 98–528 inserted “or acquired” after “constructed” wherever appearing. 1980—Par. (1). Pub. L. 96–330 struck out “, which number shall not exceed two and one-half beds per thousand veteran population in the case of any State” after “residing in each State”. 1977—Par. (2). Pub. L. 95–62, § 3(5), substituted “repair, and equipment for facilities constructed” for “repairs, modernization, alteration, and equipment for facilities for furnishing nursing home care which are constructed”. Par. (3). Pub. L. 95–62, § 3(6), substituted “furnishing of care” for “furnishing of nursing home care”. 1976—Pub. L. 94–581 substituted “date of enactment of this section or any amendment to it with respect to such amendment” for “date of enactment of this subchapter” in provisions preceding par. (1), substituted “veterans” and “veteran” for “war veterans” and “war veteran”, respectively, in par. (1), and added par. (3). 1973—Par. (1). Pub. L. 93–82 substituted “two and one-half beds” for “one and one-half beds”. 1965—Par. (1). Pub. L. 89–311 substituted “one and one-half beds” for “one-half bed”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1977 AmendmentAmendment by Pub. L. 95–62 effective Oct. 1, 1977, with provision for the continuing force and effect of the terms and conditions of grants made prior to Oct. 1, 1977, under former section 644 of this title and with additional provision for the modification of the terms and conditions of both grants made under former section 644 of this title prior to Oct. 1, 1977, and of grants made under this subchapter prior to Oct. 1, 1977, see section 5 of Pub. L. 95–62, set out as a note under section 8131 of this title.
Effective Date
of 1976 AmendmentAmendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
Effective Date
of 1973 AmendmentAmendment by Pub. L. 93–82 effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as a note under section 1701 of this title.
Regulations
Pub. L. 106–117, title II, § 207(d), Nov. 30, 1999, 113 Stat. 1567, provided that: “The Secretary [of Veterans Affairs] shall prescribe the initial
Regulations
under subsection (a) of section 8134 of title 38, United States Code, as added by subsection (a), not later than April 30, 2000.” Transition ProvisionsProvisions of this section in effect on Nov. 10, 1999, to continue in effect after that date with respect to certain applications described in section 8135(b)(2)(A) of this title that are identified in section 207(c)(2) of Pub. L. 106–117, see section 207(c) of Pub. L. 106–117, set out as a note under section 8135 of this title.
Reference
Citations & Metadata
Citation
38 U.S.C. § 8134
Title 38 — Veterans' Benefits
Last Updated
Apr 6, 2026
Release point: 119-73