§1730 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary may help a veteran find and get placed in a community residential-care facility if two things are true: the veteran is getting, or got within the last 12 months, VA medical care as an outpatient or in a hospital, domiciliary, or nursing home; and placement in such a facility is appropriate for the veteran. The Secretary can only assist with facilities that the Secretary has approved after an inspection. Approved facilities must meet rules the Secretary creates. Those rules must cover health and safety (including following state and local laws), that charges are reasonable (considering level of care, local costs, and similar facilities), what resources the facility needs to care for veterans, and any other protections needed. The United States and the Department are not responsible for paying facility charges. The Secretary must inspect approved facilities from time to time, stop referring veterans to ones that fail standards, and may help move a veteran out with the veteran’s permission. The Secretary must make regulations and share inspection reports and standards with government agencies that license or inspect such facilities. Community residential-care facility: a place that provides room, board, and limited personal care and supervision 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.

(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