§8138 Treatment of Certain Health Facilities as State Homes

Summary

The Secretary may treat a whole health facility or some beds in a facility as a State home for veterans if five things happen: the facility meets the nursing‑home standards the Secretary sets; it is licensed or certified by the proper State or local agencies; the State applies and shows that, without this change, many local veterans would not have access to nursing home care; the Secretary finds this change best meets veterans’ needs in that area; and the Secretary approves the State’s application. The Secretary cannot do this if it would raise a State’s beds above the limit in the Secretary’s regulations. Across the country no more than 100 veteran beds may be paid this way under subchapter V. For any one State, the limit is the difference between the State’s authorized bed total and the number of veterans already in State home beds (not counting these treated beds). These beds count when calculating the State’s unmet need. No new facilities or new beds may be treated this way after September 30, 2009.