§413 — Title 24 Hospitals and Asylums | U.S. Code

Summary

Residents must get the services the Chief Operating Officer approves, except where the rules below change that. The Retirement Home must take care of residents’ overall health in a high-quality, cost-conscious way. That includes on-site primary and medical care, long-term care, dental and pharmacy services, and resident transportation, which the Home must provide free to residents. If a needed hospital-level service is not available at the Home, the Home should try to arrange care with the Department of Veterans Affairs or the Department of Defense. The Home may not build an acute care hospital, and residents who go to private hospitals generally pay those costs themselves unless subsection (d) says otherwise. Each facility must have licensed clinicians available during business hours and on call at other times. The Chief Operating Officer, with the Medical Director, must make sure staff skills and availability meet accrediting standards. The Home must run daily scheduled transportation to nearby medical facilities and may provide unscheduled rides for urgent care within 30 miles. The Home cannot charge residents for this transportation.

Title 24, §413

Hospitals and Asylums — Source: USLM XML via OLRC

(a)Except as provided in subsections (b), (c), and (d), a resident of the Retirement Home shall receive the services authorized by the Chief Operating Officer.

(b)The Retirement Home shall provide for the overall health care needs of residents in a high quality and cost-effective manner, including on site primary care, medical care, and a continuum of long-term care services. The services provided residents of the Retirement Home shall include appropriate nonacute medical and dental services, pharmaceutical services, and transportation of residents, which shall be provided at no cost to residents. Secondary and tertiary hospital care for residents that is not available at a facility of the Retirement Home shall, to the extent available, be obtained by agreement with the Secretary of Veterans Affairs or the Secretary of Defense in a facility administered by such Secretary. Except as provided in subsection (d), the Retirement Home shall not be responsible for the costs incurred for such care by a resident of the Retirement Home who uses a private medical facility for such care. The Retirement Home may not construct an acute care facility.

(c)(1)In providing for the health care needs of residents at a facility of the Retirement Home under subsection (b), the Retirement Home shall have appropriate licensed practitioners, as determined under paragraph (2), available during the daily business hours of the facility and on an on-call basis at other times.

(2)In accordance with accrediting organization standards pursuant to section 411(g) of this title, the Chief Operating Officer, in consultation with the Medical Director, shall ensure that the skills, experience, and availability of the practitioners are suited to residents of the facility.

(d)(1)With respect to each facility of the Retirement Home, the Retirement Home shall provide daily scheduled transportation to nearby medical facilities used by residents of the facility. The Retirement Home may provide, based on a determination of medical need, unscheduled transportation for a resident of the facility to any medical facility located not more than 30 miles from the facility for the provision of necessary and urgent medical care for the resident.

(2)The Retirement Home may not collect a fee from a resident for transportation provided under this subsection.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (c). Pub. L. 118–159 amended subsec. (c) generally. Prior to amendment, subsec. (c) related to availability of physicians and dentists. 2011—Pub. L. 112–81 substituted “Services provided to residents” for “Services provided residents” in section catchline. 2008—Subsec. (b). Pub. L. 110–181 inserted after first sentence “The services provided residents of the Retirement Home shall include appropriate nonacute medical and dental services, pharmaceutical services, and transportation of residents, which shall be provided at no cost to residents.” 2006—Subsec. (a). Pub. L. 109–163, § 909(a)(1), substituted “subsections (b), (c), and (d)” for “subsection (b)”. Subsec. (b). Pub. L. 109–163, § 909(a)(2), substituted “Except as provided in subsection (d), the” for “The”. Subsecs. (c), (d). Pub. L. 109–163, § 909(a)(3), added subsecs. (c) and (d). 2001—Subsec. (a). Pub. L. 107–107, § 1404(b)(1)(B), substituted “Chief Operating Officer” for “Retirement Home Board”. Subsec. (b). Pub. L. 107–107, § 1410(a)(1), struck out “maintained as a separate establishment” after “available at a facility” in second sentence. 1993—Subsec. (b). Pub. L. 103–160 added second and third sentences and struck out former second sentence which read as follows: “Secondary and tertiary hospital care for residents that is not available at the Retirement Home shall be obtained through agreements with facilities administered by the Secretary of Veterans Affairs or the Secretary of Defense or at private facilities.”

Statutory Notes and Related Subsidiaries

Effective Date

Section effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101–510, formerly set out as a note under section 401 of this title.

§413 Services Provided to Residents