38 U.S.C. § 1741: Criteria for payment

$8.70 for domiciliary care; and $20.35 for nursing home care and hospital care, The Secretary may pay each State per diem at a rate determined by the Secretary for each veteran receiving extended care services described in any of paragraphs (4) through (6) of section 1710B(a) of this title under a program administered by a State home, if such veteran is eligible for such care under laws administered by the Secretary. In no case shall the payments made with respect to any veteran under this section exceed one-half of the cost of the veterans’ care in such State home. Whenever the Secretary makes a determination pursuant to section 1720(a)(2)(A) of this title that the cost of care furnished by the Department in a general hospital under the direct jurisdiction of the Secretary has increased, the Secretary may, effective no earlier than the date of such determination, increase the rates paid under subsection (a) of this section by a percentage not greater than the percentage by which the Secretary has determined that such cost of care has increased. Subject to section 1743 of this title , the payment of per diem for care furnished in a State home facility shall commence on the date of the completion of the inspection for recognition of the facility under section 1742(a) of this title if the Secretary determines, as a result of that inspection, that the State home meets the standards described in such section. Payments to States pursuant to this section shall not be considered a liability of a third party, or otherwise be used to offset or reduce any other payment made to assist veterans. Any State home that requests payment or reimbursement for services provided to a veteran under this section shall provide to the Secretary such information as the Secretary considers necessary to identify each individual veteran eligible for payment under such section. In this subchapter, the term “State” means each of the several States and each Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )). The amendment made by subsection (a)(1) [amending this section] shall take effect as of January 1, 1988 . The amendment made by subsection (a)(2) [amending this section] shall take effect on October 1, 1988 .” The amendments made by subsection (a) of this section [amending this section] shall be effective on October 1, 1976 . At the time of the first payment to a State under section 641 [now 1741] of title 38, United States Code, as amended by subsection (a) of this section, the Administrator of Veterans’ Affairs shall pay such State, in a lump sum, an amount equal to the difference between the total amount paid each such State under such section 641 [now 1741] for care provided by such State in a State home from January 1, 1976 , to October 1, 1976 , and the amount such State would have been paid for providing such care if the amendment made by subsection (a) of this section had been effective on January 1, 1976 .” The Secretary of Veterans Affairs may provide to State homes medicine, personal protective equipment, medical supplies, and any other equipment, supplies, and assistance available to the Department of Veterans Affairs. The term ‘personal protective equipment’ means any protective equipment required to prevent the wearer from contracting an infectious disease, including gloves, N–95 respirator masks, gowns, goggles, face shields, or other equipment required for safety. The term ‘State home’ has the meaning given such term in section 101 of title 38 , United States Code.” The Secretary of Veterans Affairs shall develop a standardized process throughout the Department of Veterans Affairs for entering into sharing agreements between State homes and medical centers of the Department. The Secretary shall monitor any contractor used by the Department to conduct inspections of State homes, including by reviewing the inspections conducted by each such contractor for quality not less frequently than quarterly. The Secretary shall require that any deficiencies of a State home noted during the inspection of the State home be reported to the Secretary. The Secretary shall publish the results of any inspection of a State home, and any associated corrective actions planned by the State home, on a publicly available internet website of the Department. In this section, the term ‘State home’ has the meaning given that term in section 101(19) of title 38 , United States Code.” Not later than one year after the date of the enactment of this Act [ Dec. 29, 2022 ], the Secretary of Veterans Affairs shall commence the conduct of a pilot program under which the Secretary shall provide geriatric psychiatry assistance to eligible veterans at State homes. The Secretary shall carry out the pilot program under this section for a two-year period. direct provision of geriatric psychiatry services, including health care if feasible; payments to non-Department of Veterans Affairs providers in the community to provide such services; collaboration with other Federal agencies to provide such services; or such other forms of assistance as the Secretary considers appropriate. State homes with a high proportion of residents with unmet mental health needs; State homes located in mental health care health professional shortage areas designated under section 332 of the Public Health Service Act ( 42 U.S.C. 254e ); or State homes located in rural or highly rural areas. In this section, the terms ‘State home’ and ‘veteran’ have the meanings given those terms in section 101 of title 38 , United States Code.” Not later than 180 days after the date of the enactment of this Act [ Jan. 5, 2021 ], the Secretary of Veterans Affairs shall consult with Indian tribes to determine if any legislative or administrative action is necessary to modify the State home program to function efficiently in support of State homes operated by Indian tribes pursuant to the amendments made by this section [amending this section and sections 101, 8131 and 8132 of this title]. Not later than 90 days after completing consultations under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report recommending legislative action that the Secretary considers appropriate to modify the State home program described in such paragraph in light of those consultations. Not later than 180 days after completing consultations under paragraph (1), the Secretary shall make any modifications to regulations implementing the State home program, for which legislative action is not necessary, as the Secretary considers appropriate in light of those consultations. The Secretary of Veterans Affairs shall provide technical support and assistance to Indian tribes in carrying out the State home program at State homes operated by Indian tribes pursuant to the amendments made by this section. the Committee on Veterans’ Affairs and the Committee on Indian Affairs of the Senate; and the Committee on Veterans’ Affairs and the Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources of the House of Representatives. The term ‘Indian tribe’ has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term ‘State home’ has the meaning given that term in section 101(19) of title 38 , United States Code. The term ‘State home program’ means the program of the Department of Veterans Affairs for which payments are made under subchapter V of chapter 17 of title 38, United States Code, and assistance is provided under subchapter III of chapter 81 of such title.” the veteran has met not fewer than four of the requirements set forth in such section; or such waiver would be in the best interest of the veteran. In this section, the term ‘State home’ has the meaning given that term in section 101(19) of title 38 , United States Code.” During a public health emergency, occupancy rate requirements for State homes for purposes of receiving per diem payments set forth in section 51.40(c) of title 38, Code of Federal Regulations, or successor regulations, shall not apply. During a public health emergency, the veteran percentage requirements for State homes set forth in section 51.210(d) of title 38, Code of [Federal] Regulations, or successor regulations, and in agreements for grants to construct State homes, shall not apply. During a public health emergency, the Secretary of Veterans Affairs may provide to State homes medicines, personal protective equipment, medical supplies, and any other equipment, supplies, and assistance available to the Department of Veterans Affairs. Personal protective equipment may be provided under paragraph (1) through the All Hazards Emergency Cache of the Department of Veterans Affairs or any other source available to the Department. The term ‘personal protective equipment’ means any protective equipment required to prevent the wearer from contracting COVID–19, including gloves, N–95 respirator masks, gowns, goggles, face shields, or other equipment required for safety. The term ‘public health emergency’ means an emergency with respect to COVID–19 declared by a Federal, State, or local authority. The term ‘State home’ has the meaning given that term in section 101(19) of title 38 , United States Code.”