§8138 Treatment of certain health facilities as State homes

Summary

The Secretary can count a health facility, or some beds in one, as a State home for VA nursing‑home care if five things are true: it meets the VA nursing‑home standards and any extra rules the Secretary sets; it is licensed or certified by the right State or local agencies; the State applies and shows that, without this change, many veterans in the area who need nursing care would not have access; the Secretary finds that treating it as a State home best meets veterans’ needs in that area; and the Secretary approves the State’s application. There are limits. The Secretary can’t approve a facility if doing so would push the State past its bed limit under VA rules. Across the whole country, no more than 100 veteran‑occupied beds may be approved this way. For each State, the number allowed equals the State’s authorized State‑home beds minus the number already in regular State homes. Beds approved this way count when calculating a State’s unmet need for State‑home beds. No new facilities or new beds may be approved this way after September 30, 2009.