PRIA, Government Policy, Made Personal

Summary

The Secretary may help a veteran find and get placed in a community residential-care facility when the veteran is getting VA medical care now or got such care within the last 12 months, and when placement in that kind of facility is the right choice. The facility must be approved by the Secretary after an inspection and must meet rules the Secretary makes. Those rules must cover health and safety (including following state and local laws), require that the facility’s charges be reasonable based on level of care and local costs, set standards for the staff and resources needed, and include any other protections the Secretary thinks are needed. The United States or the Department will not be responsible for paying the facility’s charges. The Secretary must inspect approved facilities on a regular basis. If a facility does not follow the rules, the Secretary will stop sending veterans there and, with the veteran’s permission, may help move the veteran out. The Secretary must make rules, share inspection reports and the rules with state and local regulators, and follow procedures that allow notice and a hearing before taking action. Definition: community residential-care facility — a place that provides housing, meals, and some personal help and supervision that the Secretary says are needed for residents’ health and safety.

Title 38, §1730

Veterans' Benefits, Source: USLM XML via OLRC

(a)Subject to this section and regulations to be prescribed by the Secretary under this section, the Secretary may assist a veteran by referring such veteran for placement in, and aiding such veteran in obtaining placement in, a community residential-care facility if—

(1)at the time of initiating the assistance the Secretary—

(A)is furnishing the veteran medical services on an outpatient basis or hospital, domiciliary, or nursing home care; or

(B)has furnished the veteran such care or services within the preceding 12 months; and

(2)placement of the veteran in a community residential-care facility is appropriate.

(b)(1)The Secretary may not provide assistance under subsection (a) of this section with respect to a community residential-care facility unless such facility is approved by the Secretary for the purposes of this section.

(2)The Secretary’s approval of a facility for the purposes of this section shall be based upon the Secretary’s determination, after inspection of the facility, that the facility meets the standards established in regulations prescribed under this section. Such standards shall include the following:

(A)Health and safety criteria, including a requirement of compliance with applicable State laws and local ordinances relating to health and safety.

(B)A requirement that the costs charged for care by a facility be reasonable, as determined by the Secretary, giving consideration to such factors as (i) the level of care, supervision, and other services to be provided, (ii) the cost of goods and services in the geographic area in which the facility is located, and (iii) comparability with other facilities in such area providing similar services.

(C)Criteria for determining the resources that a facility needs in order to provide an appropriate level of services to veterans.

(D)Such other criteria as the Secretary determines are appropriate to protect the welfare of veterans placed in a facility under this section.

(3)Payment of the charges of a community residential-care facility for any care or service provided to a veteran whom the Secretary has referred to that facility under this section is not the responsibility of the United States or of the Department.

(c)(1)In order to determine continued compliance by community residential-care facilities that have been approved under subsection (b) of this section with the standards established in regulations prescribed under this section, the Secretary shall provide for periodic inspection of such facilities.

(2)If the Secretary determines that a facility is not in compliance with such standards, the Secretary (in accordance with regulations prescribed under this section)—

(A)shall cease to refer veterans to such facility; and

(B)may, with the permission of the veteran (or the person or entity authorized by law to give permission on behalf of the veteran), assist in removing a veteran from such facility.

Regulations prescribed to carry out this paragraph shall provide for reasonable notice and, upon request made on behalf of the facility, a hearing before any action authorized by this paragraph is taken.

(d)The Secretary shall prescribe regulations to carry out this section. Such regulations shall include the standards required by subsection (b) of this section.

(e)(1)To the extent possible, the Secretary shall make available each report of an inspection of a community residential-care facility under subsection (b)(2) or (c)(1) of this section to each Federal, State, and local agency charged with the responsibility of licensing or otherwise regulating or inspecting such facility.

(2)The Secretary shall make the standards prescribed in regulations under subsection (d) of this section available to all Federal, State, and local agencies charged with the responsibility of licensing or otherwise regulating or inspecting community residential-care facilities.

(f)For the purpose of this section, the term “community residential-care facility” means a facility that provides room and board and such limited personal care for and supervision of residents as the Secretary determines, in accordance with regulations prescribed under this section, are necessary for the health, safety, and welfare of residents.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 630 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Pub. L. 102–54 struck out “(1)” after “(a)” and redesignated former subpar. (A) as par. (1), cls. (i) and (ii) as subpars. (A) and (B), respectively, and former subpar. (B) as par. (2). Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing and “Secretary’s” for “Administrator’s” in two places. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in par. (3). Subsecs. (c) to (f). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

§1730 Community Residential Care

Summary

Title 38, §1730

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata