§1710A — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must provide nursing home care to veterans who need it for a service-connected disability, and to veterans who need such care and have a service-connected disability rated 70 percent or more. After a veteran is placed in a Department nursing home, they cannot be moved without their consent or, if they cannot decide, their representative’s consent. Veterans in those homes on the date this section was enacted cannot be forced out. Care must be age-appropriate. The rule ends on September 30, 2026.

Title 38, §1710A

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary (subject to section 1710(a)(4) of this title) shall provide nursing home care which the Secretary determines is needed (1) to any veteran in need of such care for a service-connected disability, and (2) to any veteran who is in need of such care and who has a service-connected disability rated at 70 percent or more.

(b)(1)The Secretary shall ensure that a veteran described in subsection (a) who continues to need nursing home care is not, after placement in a Department nursing home, transferred from the facility without the consent of the veteran, or, in the event the veteran cannot provide informed consent, the representative of the veteran.

(2)Nothing in subsection (a) may be construed as authorizing or requiring that a veteran who is receiving nursing home care in a Department nursing home on the date of the enactment of this section be displaced, transferred, or discharged from the facility.

(c)The Secretary shall ensure that nursing home care provided under subsection (a) is provided in an age-appropriate manner.

(d)The provisions of subsection (a) shall terminate on September 30, 2026.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 106–117, which was approved Nov. 30, 1999.

Amendments

2025—Subsec. (d). Pub. L. 119–37 substituted “

September 30, 2026” for “

September 30, 2025”. 2024—Subsec. (d). Pub. L. 118–83 substituted “

September 30, 2025” for “

September 30, 2024”. 2022—Subsec. (d). Pub. L. 117–180 substituted “

September 30, 2024” for “

September 30, 2022”. 2020—Subsec. (d). Pub. L. 116–159 substituted “

September 30, 2022” for “

September 30, 2020”. 2018—Subsec. (d). Pub. L. 115–251 substituted “

September 30, 2020” for “

September 30, 2019”. 2017—Subsec. (d). Pub. L. 115–62 substituted “

September 30, 2019” for “

December 31, 2017”. 2016—Subsec. (d). Pub. L. 114–228 substituted “

December 31, 2017” for “

December 31, 2016”. 2015—Subsec. (d). Pub. L. 114–58 substituted “

December 31, 2016” for “

December 31, 2015”. 2014—Subsec. (d). Pub. L. 113–175 substituted “

December 31, 2015” for “

December 31, 2014”. 2013—Subsec. (d). Pub. L. 113–59 substituted “

December 31, 2014” for “

December 31, 2013”. 2008—Subsec. (c). Pub. L. 110–181 added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 110–387 substituted “

December 31, 2013” for “

December 31, 2008”. Pub. L. 110–181 redesignated former subsec. (c) as (d). 2003—Subsec. (c). Pub. L. 108–170 substituted “

December 31, 2008” for “

December 31, 2003”. 2000—Subsec. (a). Pub. L. 106–419 inserted “(subject to section 1710(a)(4) of this title)” after “The Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2025 AmendmentAmendment by Pub. L. 119–37 effective as if enacted on Sept. 30, 2025, see section 7406 of Pub. L. 119–37, set out as a note under section 111A of this title. Finding Related to Age-Appropriate Nursing Home Care Pub. L. 110–181, div. A, title XVII, § 1706(a), Jan. 28, 2008, 122 Stat. 493, provided that: “Congress finds that young veterans who are injured or disabled through military service and require long-term care should have access to age-appropriate nursing home care.” Report to Congressional Committees Pub. L. 106–117, title I, § 101(i), Nov. 30, 1999, 113 Stat. 1550, required the Secretary of Veterans Affairs to submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the operation of section 101 of Pub. L. 106–117 not later than January 1, 2003.

§1710A Required Nursing Home Care