Federal · Title 38 — Veterans’ Benefits

38 U.S.C. § 1730: Community residential care

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is furnishing the veteran medical services on an outpatient basis or hospital, domiciliary, or nursing home care; or has furnished the veteran such care or services within the preceding 12 months; and placement of the veteran in a community residential-care facility is appropriate. 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. Health and safety criteria, including a requirement of compliance with applicable State laws and local ordinances relating to health and safety. 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. Criteria for determining the resources that a facility needs in order to provide an appropriate level of services to veterans. Such other criteria as the Secretary determines are appropriate to protect the welfare of veterans placed in a facility under this section. 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. 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. shall cease to refer veterans to such facility; and 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. The Secretary shall prescribe regulations to carry out this section. Such regulations shall include the standards required by subsection (b) of this section. 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. 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. 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.

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