§8138 Treatment of Certain Health Facilities as State Homes

Summary

The Secretary may treat a whole health facility or some beds in a health facility as a State home for VA nursing‑home benefits if the facility meets the VA’s nursing‑home standards, is licensed or certified by the right state or local agencies, the State applies and shows veterans nearby would otherwise lack access to care, and the Secretary finds and approves that this treatment best meets local veterans’ needs. The Secretary cannot do this if it would push the State’s bed allotment past the limit set by VA rules under section 8134(a). No more than 100 beds total nationwide may be paid this way. For each State, the allowed number equals the State’s authorized beds under section 8134(a) minus the number of veterans already in State home beds (excluding these treated facilities). These treated beds count when calculating unmet need under section 8134(d)(1). No new facilities or new beds may be treated this way after September 30, 2009.