D01_38_U.S.C._1720_Transfers_for_nursing_home_care__adult_day_health_care.pdf

Page 252 TITLE 38—VETERANS’ BENEFITS § 1719

Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted

‘‘1712(i)’’ for ‘‘612(i)’’.

Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec-retary’’ for ‘‘Administrator’’.

1986—Subsec. (a). Pub. L. 99–576, § 205(1), substituted

‘‘may use’’ for ‘‘may utilize’’, ‘‘purposes. Such’’ for

‘‘purposes, at nominal remuneration, and such’’, and

‘‘use’’ for ‘‘utilization’’.

Subsec. (b)(1). Pub. L. 99–576, § 205(2), struck out ‘‘for remuneration’’ after ‘‘therapeutic work’’.

Subsec. (c)(2), (3). Pub. L. 99–576, § 205(3), substituted

‘‘distribute’’ for ‘‘pay’’ in par. (2), and substituted

‘‘rates of distribution’’ for ‘‘and wage rates’’ in par. (3).

Subsec. (f). Pub. L. 99–576, § 205(4), designated existing provisions as par. (1), substituted ‘‘a distribution’’ for

‘‘remuneration’’, and added par. (2).

1984—Subsec. (f). Pub. L. 98–543 added subsec. (f).

1976—Subsec. (a). Pub. L. 94–581, § 105(a)(1), (2), des-ignated existing provisions as subsec. (a) and sub-stituted ‘‘In providing rehabilitative services under this chapter, the’’ for ‘‘The’’ and ‘‘health care facili-ties’’ for ‘‘hospitals and domiciliaries’’.

Subsecs. (b) to (e). Pub. L. 94–581, § 105(a)(3), added subsecs. (b) to (e).

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.

DEMONSTRATION PROGRAM OF COMPENSATED WORK

THERAPY AND THERAPEUTIC TRANSITIONAL HOUSING

Section 7 of Pub. L. 102–54, as amended by Pub. L.

102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–86, title V, § 501, Aug. 14, 1991, 105 Stat. 424; Pub. L. 103–452, title I, § 103(f), Nov. 2, 1994, 108 Stat. 4787; Pub. L.

104–110, title I, § 102(b), Feb. 13, 1996, 110 Stat. 769, au-thorized Secretary of Veterans’ Affairs, between Oct. 1, 1991, and Dec. 31, 1997, to carry out compensated work therapy and therapeutic transitional housing dem-onstration program, prior to repeal by Pub. L. 105–114, title II, § 202(c)(1), Nov. 21, 1997, 111 Stat. 2287.

SETTLEMENT OF CLAIMS

Section 105(b) of Pub. L. 94–581, as amended by Pub.

L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067; Pub. L.

102–83, § 6(a), Aug. 6, 1991, 105 Stat. 407, provided that:

‘‘(1) The Secretary of Veterans Affairs may settle claims made by the Department of Veterans Affairs against any private nonprofit corporation organized under the laws of any State, for the use of facilities and personnel of the Department in work projects as a part of a therapeutic or rehabilitation program for patients and members in health care facilities of the Depart-ment, and to execute a binding release of all claims by the United States against any such corporation, in such amounts, and upon such terms and conditions as the

Secretary considers appropriate.

‘‘(2) For the purposes of this subsection, notwith-standing section 3302 of title 31, or any other provision of law, the Secretary may utilize any funds received under any settlement made pursuant to paragraph (1) of this subsection for any purpose agreed upon by the

Secretary and such corporation.’’

§ 1719. Repair or replacement of certain pros-thetic and other appliances

The Secretary may repair or replace any arti-ficial limb, truss, brace, hearing aid, spectacles, or similar appliance (not including dental appli-ances) reasonably necessary to a veteran and be-longing to such veteran which was damaged or destroyed by a fall or other accident caused by a service-connected disability for which such veteran is in receipt of, or but for the receipt of retirement pay would be entitled to, disability compensation.

(Added Pub. L. 87–850, § 1(a), Oct. 23, 1962, 76 Stat.

1126, § 619; amended Pub. L. 94–581, title II, § 210(a)(6), Oct. 21, 1976, 90 Stat. 2862; renumbered

§ 1719 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

AMENDMENTS

1991—Pub. L. 102–83, § 5(a), renumbered section 619 of this title as this section.

Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec-retary’’ for ‘‘Administrator’’.

1976—Pub. L. 94–581 substituted ‘‘belonging to such veteran’’ for ‘‘belonging to him’’.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.

EFFECTIVE DATE

Section 2 of Pub. L. 87–850 provided that: ‘‘The amendment made by this Act [enacting this section] shall apply only with respect to the repair or replace-ment of artificial limbs, trusses, braces, hearing aids, spectacles, and similar devices damaged or destroyed after the date of enactment of this Act [Oct. 23, 1962].’’

§ 1720. Transfers for nursing home care; adult day health care

(a)(1) Subject to subsection (b) of this section, the Secretary may transfer to a non-Depart-ment nursing home, for care at the expense of the United States—

(A) a veteran—

(i) who has been furnished care by the Sec-retary in a facility under the direct jurisdic-tion of the Secretary; and

(ii) who the Secretary determines—

(I) requires a protracted period of nurs-ing home care which can be furnished in the non-Department nursing home; and (II) in the case of a veteran who has been furnished hospital care in a facility under the direct jurisdiction of the Secretary, has received maximum benefits from such care; and

(B) a member of the Armed Forces—

(i) who has been furnished care in a hos-pital of the Armed Forces;

(ii) who the Secretary concerned deter-mines has received maximum benefits from such care but requires a protracted period of nursing home care; and

(iii) who upon discharge from the Armed

Forces will become a veteran.

(2) The Secretary may transfer a person to a nursing home under this subsection only if the

Secretary determines that the cost to the

United States of the care of such person in the nursing home will not exceed—

(A) the amount equal to 45 percent of the cost of care furnished by the Department in a general hospital under the direct jurisdiction of the Secretary (as such cost may be deter-mined annually by the Secretary); or

(B) the amount equal to 50 percent of such cost, if such higher amount is determined to be necessary by the Secretary (upon the rec-ommendation of the Under Secretary for

Health) to provide adequate care.

(3) Nursing home care may not be furnished under this subsection at the expense of the

Page 253 TITLE 38—VETERANS’ BENEFITS § 1720

United States for more than six months in the aggregate in connection with any one transfer except—

(A) in the case of a veteran—

(i) who is transferred to a non-Department nursing home from a hospital under the di-rect jurisdiction of the Secretary; and

(ii) whose hospitalization was primarily for a service-connected disability;

(B) in a case in which the nursing home care is required for a service-connected disability;

or

(C) in a case in which, in the judgment of the

Secretary, a longer period of nursing home care is warranted.

(4) A veteran who is furnished care by the Sec-retary in a hospital or domiciliary facility in

Alaska or Hawaii may be furnished nursing home care at the expense of the United States under this subsection even if such hospital or domiciliary facility is not under the direct juris-diction of the Secretary.

(b) No veteran may be transferred or admitted to any institution for nursing home care under this section, unless such institution is deter-mined by the Secretary to meet such standards as the Secretary may prescribe. The standards prescribed and any report of inspection of insti-tutions furnishing care to veterans under this section made by or for the Secretary shall, to the extent possible, be made available to all

Federal, State, and local agencies charged with the responsibility of licensing or otherwise regu-lating or inspecting such institutions.

(c)(1)(A) In furnishing nursing home care, adult day health care, or other extended care services under this section, the Secretary may enter into agreements for furnishing such care or services with—

(i) in the case of the medicare program, a provider of services that has entered into a provider agreement under section 1866(a) of the Social Security Act (42 U.S.C. 1395cc(a));

and

(ii) in the case of the medicaid program, a provider participating under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.).

(B) In entering into an agreement under sub-paragraph (A) with a provider of services de-scribed in clause (i) of that subparagraph or a provider described in clause (ii) of that subpara-graph, the Secretary may use the procedures available for entering into provider agreements under section 1866(a) of the Social Security Act.

(2) In applying the provisions of section 6704(a) of title 41 with respect to any contract entered into under this section to provide nursing home care of veterans, the payment of wages not less than those specified in section 6(b) of the Fair

Labor Standards Act of 1938 (29 U.S.C. 206(b)) shall be deemed to constitute compliance with such provisions.

(d)(1) Subject to subsection (b) of this section, the Secretary may authorize for any veteran re-quiring nursing home care for a service-con-nected disability direct admission for such care at the expense of the United States to any non-

Department nursing home. The Secretary may also authorize a direct admission to such a nurs-ing home for nursing home care for any veteran who has been discharged from a hospital under the direct jurisdiction of the Secretary and who is currently receiving medical services as part of home health services from the Department.

(2) Direct admission authorized by paragraph

(1) of this subsection may be authorized upon de-termination of need therefor—

(A) by a physician employed by the Depart-ment; or

(B) in areas where no such physician is available, by a physician carrying out such function under contract or fee arrangement, based on an examination by such physician.

(3) The amount which may be paid for such care and the length of care available under this subsection shall be the same as authorized under subsection (a) of this section.

(e)(1) The cost of intermediate care for pur-poses of payment by the United States pursuant to subsection (a)(2)(B) of this section shall be de-termined by the Secretary except that the rate of reimbursement shall be commensurately less than that provided for nursing home care.

(2) For the purposes of this section, the term

‘‘non-Department nursing home’’ means a public or private institution not under the direct juris-diction of the Secretary which furnishes nursing home care.

(f)(1)(A) The Secretary may furnish adult day health care services to a veteran enrolled under section 1705(a) of this title who would otherwise require nursing home care.

(B) The Secretary may provide in-kind assist-ance (through the services of Department em-ployees and the sharing of other Department re-sources) to a facility furnishing care to veterans under subparagraph (A) of this paragraph. Any such in-kind assistance shall be provided under a contract or agreement between the Secretary and the facility concerned. The Secretary may provide such assistance only for use solely in the furnishing of adult day health care and only if, under such contract or agreement, the De-partment receives reimbursement for the full cost of such assistance, including the cost of services and supplies and normal depreciation and amortization of equipment. Such reimburse-ment may be made by reduction in the charges to the United States or by payment to the

United States. Any funds received through such reimbursement shall be credited to funds allot-ted to the Department facility that provided the assistance.

(2) The Secretary may conduct, at facilities over which the Secretary has direct jurisdiction, programs for the furnishing of adult day health care to veterans who are eligible for such care under paragraph (1) of this subsection, except that necessary travel and incidental expenses

(or transportation in lieu thereof) may be fur-nished under such a program only under the terms and conditions set forth in section 111 of this title. The furnishing of care under any such program shall be subject to the limitations that are applicable to the duration of adult day health care furnished under paragraph (1) of this subsection.

(g) The Secretary may contract with appro-priate entities to provide specialized residential care and rehabilitation services to a veteran of

Page 254 TITLE 38—VETERANS’ BENEFITS § 1720

Operation Enduring Freedom or Operation Iraqi

Freedom who the Secretary determines suffers from a traumatic brain injury, has an accumula-tion of deficits in activities of daily living and instrumental activities of daily living, and be-cause of these deficits, would otherwise require admission to a nursing home even though such care would generally exceed the veteran’s nurs-ing needs.

(Added Pub. L. 88–450, § 2(a), Aug. 19, 1964, 78

Stat. 500, § 620; amended Pub. L. 90–429, July 26, 1968, 82 Stat. 446; Pub. L. 90–612, §§ 1, 3, Oct. 21, 1968, 82 Stat. 1202; Pub. L. 91–101, Oct. 30, 1969, 83

Stat. 167; Pub. L. 93–82, title I, § 104, Aug. 2, 1973, 87 Stat. 182; Pub. L. 94–581, title I, § 106, title II, §§ 202(h), 210(a)(7), Oct. 21, 1976, 90 Stat. 2847, 2856, 2863; Pub. L. 97–295, § 4(19), Oct. 12, 1982, 96 Stat.

1306; Pub. L. 98–160, title I, § 103(a)(1), (2), Nov. 21, 1983, 97 Stat. 995; Pub. L. 99–166, title I, § 108(a)–(c), Dec. 3, 1985, 99 Stat. 946, 947; Pub. L.

99–272, title XIX, § 19011(d)(5), Apr. 7, 1986, 100

Stat. 379; Pub. L. 100–322, title I, §§ 103(b), 111(a), May 20, 1988, 102 Stat. 493, 499; renumbered § 1720 and amended Pub. L. 102–83, §§ 4(a)(2)(A)(ii), (3)–(5), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 403–406; Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104–262, title

I, § 101(d)(8), Oct. 9, 1996, 110 Stat. 3180; Pub. L.

105–114, title IV, § 402(c), Nov. 21, 1997, 111 Stat.

2294; Pub. L. 106–117, title I, § 101(d), Nov. 30, 1999, 113 Stat. 1549; Pub. L. 108–170, title I, § 105, Dec.

6, 2003, 117 Stat. 2045; Pub. L. 111–163, title V, § 507, May 5, 2010, 124 Stat. 1161; Pub. L. 111–350, § 5(j)(1), Jan. 4, 2011, 124 Stat. 3850.)

REFERENCES IN TEXT

The Social Security Act, referred to in subsec.

(c)(1)(A)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620.

Title XIX of the Act is classified generally to sub-chapter XIX (§ 1396 et seq.) of chapter 7 of Title 42, The

Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and

Tables.

PRIOR PROVISIONS

Prior section 1720 was renumbered section 3520 of this title.

AMENDMENTS

2011—Subsec. (c)(2). Pub. L. 111–350 substituted ‘‘sec-tion 6704(a) of title 41’’ for ‘‘section 2(b)(1) of the Serv-ice Contract Act of 1965 (41 U.S.C. 351(b)(1))’’.

2010—Subsec. (g). Pub. L. 111–163 added subsec. (g).

2003—Subsec. (c). Pub. L. 108–170, § 105(a), designated existing provisions as par. (2) and added par. (1).

Subsec. (f)(1)(B). Pub. L. 108–170, § 105(b), inserted ‘‘or agreement’’ after ‘‘contract’’ in two places.

1999—Subsec. (f)(1)(A). Pub. L. 106–117 amended sub-par. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘The Secretary is authorized to furnish adult day health care as provided for in this subsection.

For the purpose only of authorizing the furnishing of such care and specifying the terms and conditions under which it may be furnished to veterans needing such care— ‘‘(i) references to ‘nursing home care’ in subsections

(a) through (d) of this section shall be deemed to be references to ‘adult day health care’; and ‘‘(ii) a veteran who is eligible for medical services under paragraph (1), (2), or (3) of section 1710(a) of this title shall be deemed to be a veteran described in subsection (a)(1) of this section.’’ 1997—Subsec. (a)(1)(A)(i). Pub. L. 105–114 substituted

‘‘care’’ for ‘‘hospital care, nursing home care, or domi-ciliary care’’.

1996—Subsec. (f)(1)(A)(ii). Pub. L. 104–262, § 101(d)(8)(A), substituted ‘‘paragraph (1), (2), or (3) of section 1710(a)’’ for ‘‘section 1712(a)(1)(B)’’.

Subsec. (f)(3). Pub. L. 104–262, § 101(d)(8)(B), struck out par. (3) which read as follows: ‘‘Adult day health care may not be furnished under this section after Septem-ber 30, 1991.’’ 1992—Subsec. (a)(2)(B). Pub. L. 102–405 substituted

‘‘Under Secretary for Health’’ for ‘‘Chief Medical Direc-tor’’.

1991—Pub. L. 102–83, § 5(a), renumbered section 620 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted

‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing in par. (1) introductory provisions and subpar. (A) and pars. (2) to (4).

Pub. L. 102–83, § 4(a)(5), substituted ‘‘non-Depart-ment’’ for ‘‘non-Veterans’ Administration’’ wherever appearing in pars. (1) and (3)(A)(i).

Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in par. (2)(A).

Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted

‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing.

Subsec. (d)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), sub-stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap-pearing.

Pub. L. 102–83, § 4(a)(5), substituted ‘‘non-Depart-ment’’ for ‘‘non-Veterans’ Administration’’.

Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’.

Subsec. (d)(2)(A). Pub. L. 102–83, § 4(a)(3), (4), sub-stituted ‘‘Department’’ for ‘‘Veterans’ Administra-tion’’.

Subsec. (e). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted

‘‘Secretary’’ for ‘‘Administrator’’ in pars. (1) and (2).

Pub. L. 102–83, § 4(a)(5), substituted ‘‘non-Depart-ment’’ for ‘‘non-Veterans’ Administration’’ in par. (2).

Subsec. (f)(1)(A). Pub. L. 102–83, § 4(b)(1), (2)(E), sub-stituted ‘‘Secretary’’ for ‘‘Administrator’’ in introduc-tory provisions.

Subsec. (f)(1)(A)(ii). Pub. L. 102–83, § 5(c)(1), sub-stituted ‘‘1712(a)(1)(B)’’ for ‘‘612(a)(1)(B)’’.

Subsec. (f)(1)(B). Pub. L. 102–83, § 4(b)(1), (2)(E), sub-stituted ‘‘Secretary’’ for ‘‘Administrator’’ before

‘‘may’’ in two places.

Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ wherever appearing.

Pub. L. 102–83, § 4(a)(2)(A)(ii), substituted ‘‘Secretary’’ for ‘‘Veterans’ Administration’’ in second sentence.

Subsec. (f)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), sub-stituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places.

1988—Subsec. (e)(1). Pub. L. 100–322, § 103(b), struck out ‘‘For the purposes of this section, the term ‘nursing home care’ includes intermediate care, as determined by the Administrator in accordance with regulations which the Administrator shall prescribe.’’ at beginning and struck out ‘‘(as defined in section 101(28) of this title)’’ after ‘‘provided for nursing home care’’.

Subsec. (f)(3). Pub. L. 100–322, § 111(a), substituted

‘‘September 30, 1991’’ for ‘‘September 30, 1988’’.

1986—Subsec. (f)(1)(A)(ii). Pub. L. 99–272 substituted

‘‘612(a)(1)(B)’’ for ‘‘612(f)(2)’’.

1985—Subsec. (a). Pub. L. 99–166, § 108(a), amended sub-sec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘Subject to subsection (b) and except as pro-vided in subsection (e) of this section, the Adminis-trator may transfer— ‘‘(1) Any veteran who has been furnished care by the Administrator in a hospital under the direct ju-risdiction of the Administrator, and ‘‘(2) Any person (A) who has been furnished care in any hospital of any of the Armed Forces, (B) who the appropriate Secretary concerned has determined has received maximum hospital benefits but requires a protracted period of nursing home care, and (C) who upon discharge therefrom will become a veteran to any public or private institution not under the juris-diction of the Administrator which furnishes nursing home care, for care at the expense of the United States, only if the Administrator determines that—

Page 255 TITLE 38—VETERANS’ BENEFITS § 1720A

‘‘(i) such veteran has received maximum benefits from such care in such hospital, but will require a protracted period of nursing home care which can be furnished in such institution, and ‘‘(ii) the cost of such nursing home care in such in-stitution will not exceed 45 percent of the cost of care furnished by the Veterans’ Administration in a gen-eral hospital under the direct and exclusive jurisdic-tion of the Administrator, as such cost may be deter-mined annually by the Administrator, or not to ex-ceed 50 percent of such cost where determined nec-essary by the Administrator, upon recommendation of the Chief Medical Director, to provide adequate care.

Nursing home care may not be furnished pursuant to this section at the expense of the United States for more than six months in the aggregate in connection with any one transfer, except (I) in the case of the vet-eran whose hospitalization was primarily for a service-connected disability, or (II) where in the judgment of the Administrator a longer period is warranted in the case of any other veteran. Any veteran who is furnished care by the Administrator in a hospital in Alaska or

Hawaii may be furnished nursing home care under the provisions of this section even if such hospital is not under the direct jurisdiction of the Administrator.’’ Subsec. (d). Pub. L. 99–166, § 108(b), designated exist-ing first sentence as par. (1), substituted ‘‘to any non-

Veterans’ Administration nursing home’’ for ‘‘to any public or private institution not under the jurisdiction of the Administrator which furnishes nursing home care’’, inserted ‘‘The Administrator may also authorize a direct admission to such a nursing home for nursing home care for any veteran who has been discharged from a hospital under the direct jurisdiction of the Ad-ministrator and who is currently receiving medical services as part of home health services from the Veter-ans’ Administration.’’, substituted par. (2) for ‘‘Such admission may be authorized upon determination of need therefor by a physician employed by the Veterans’

Administration or, in areas where no such physician is available, carrying out such function under contract or fee arrangement based on an examination by such phy-sician.’’, and designated existing last sentence as par.

(3).

Subsec. (e). Pub. L. 99–166, § 108(c), designated existing provisions as par. (1), substituted ‘‘subsection (a)(2)(B)’’ for ‘‘subsection (a)(ii)’’ in second sentence, and added par. (2).

1983—Pub. L. 98–160, § 103(a)(2), inserted ‘‘; adult day health care’’ in section catchline.

Subsec. (f). Pub. L. 98–160, § 103(a)(1), added subsec. (f).

1982—Subsec. (a)(ii) Pub. L. 97–295, § 4(19)(A), sub-stituted ‘‘percent’’ for ‘‘per centum’’ wherever appear-ing.

Subsec. (c). Pub. L. 97–295, § 4(19)(B), inserted ‘‘(41

U.S.C. 351(b)(1))’’ after ‘‘the Service Contract Act of

1965’’ and substituted ‘‘(29 U.S.C. 206(b))’’ for ‘‘, as amended,’’.

1976—Subsec. (a). Pub. L. 94–581, §§ 106(1)–(3), 202(h), in-serted ‘‘and except as provided in subsection (e)’’ after

‘‘subsection (b)’’ in provisions preceding par. (1), sub-stituted ‘‘direct jurisdiction’’ for ‘‘direct and exclusive jurisdiction’’ in par. (1), substituted ‘‘45 per centum’’ for ‘‘40 per centum’’ and ‘‘annually’’ for ‘‘from time to time’’ in cl. (ii) and inserted ‘‘, or not to exceed 50 per centum of such cost where determined necessary by the

Administrator, upon recommendation of the Chief Med-ical Director, to provide adequate care’’ at the end thereof, and substituted ‘‘direct jurisdiction’’ for ‘‘di-rect and exclusive jurisdiction’’ in provisions following

cl. (ii).

Subsec. (b). Pub. L. 94–581, § 210(a)(7), substituted

‘‘such standards as the Administrator may prescribe’’ for ‘‘such standards as he may prescribe’’.

Subsec. (e). Pub. L. 94–581, § 106(4), added subsec. (e).

1973—Subsec. (a). Pub. L. 93–82, § 104(a), (b), des-ignated cls. (1) and (2) as (i) and (ii), respectively, and in provisions preceding cl. (i) as so designated, sub-stituted authority of the Administrator to transfer vet-erans and other persons under pars. (1) and (2), for au-thority of the Administrator to transfer veterans who have been furnished care by the Administrator in a hos-pital under the direct and exclusive jurisdiction of the

Administrator, to any public or private institution not under the jurisdiction of the Administrator which fur-nishes nursing home care for care at the expense of the

United States, and in the provisions following cl. (ii) as so designated, substituted designations (I) and (II) for designations (A) and (B).

Subsec. (b). Pub. L. 93–82, § 104(c), inserted provisions relating to the admissions of veterans to institutions for nursing home care and for the furnishing of stand-ards and reports to Federal, State and local agencies charged with the responsibility of licensing or other-wise regulating or inspecting such institutions.

Subsec. (d). Pub. L. 93–82, § 104(d), added subsec. (d).

1969—Subsec. (a). Pub. L. 91–101 inserted provision au-thorizing the furnishing of nursing home care for more than six months in the aggregate in connection with any one transfer in the case of a veteran whose hos-pitalization was primarily for a service-connected dis-ability.

1968—Subsec. (a). Pub. L. 90–612, § 1, authorized fur-nishing of nursing home care to veterans who are being furnished care by the Administrator in hospitals in

Alaska or Hawaii even if the hospitals involved are not under the direct and exclusive jurisdiction of the Ad-ministrator.

Subsec. (a)(2). Pub. L. 90–429 substituted ‘‘40 per cen-tum’’ for ‘‘one-third’’.

Subsec. (c). Pub. L. 90–612, § 3, added subsec. (c).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99–272 applicable to hospital care, nursing home care, and medical services furnished on or after July 1, 1986, see section 19011(f) of Pub. L.

99–272, set out as a note under section 1710 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93–82 effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as a note under section 1701 of this title.

COMPARISON STUDY BETWEEN ADULT DAY HEALTH

CARE AND NURSING HOME CARE

Section 111(b), (c) of Pub. L. 100–322 directed Adminis-trator to conduct a study of medical efficacy and cost-effectiveness of furnishing adult day health care under subsec. (f) of this section as an alternative to nursing home care and the comparative advantages and dis-advantages of providing such care through facilities that are not under direct jurisdiction of Administrator and through facilities that are under direct jurisdiction of Administrator, with Administrator to submit to

Committees on Veterans’ Affairs of Senate and House of Representatives an interim report on the study not later than Feb. 1, 1988, a final report on such study not later than Feb. 1, 1991.

Section 103(b), (c) of Pub. L. 98–160, which provided for a study and report, not later than Feb. 1, 1988, of the medical efficacy and cost-effectiveness of furnishing adult day health care as an alternative for nursing home care and of the comparative advantages and dis-advantages of providing such care in Veterans’ Admin-istration or in other facilities, was repealed by Pub. L.

100–322, title I, § 111(d), May 20, 1988, 102 Stat. 499.

§ 1720A. Treatment and rehabilitative services for persons with drug or alcohol dependency

(a) The Secretary, in consultation with the

Secretary of Labor and the Director of the Of-fice of Personnel Management, may take appro-