Veterans Long Term Care Security Act - Directs the Secretary of Veterans Affairs to pay for nursing home care furnished in a non-Department of Veterans Affairs (VA) nursing home to any veteran in need of such care: (1) for a service-connected disability; or (2) who has a service-connected disability rated at 70 percent or more.
Directs the Secretary to furnish such drugs and medicines as ordered by a duly licensed physician for any veteran in need of such drugs and medicines: (1) for a service-connected disability; or (2) who has a service-connected disability rated at 50 percent or more.
Authorizes the Secretary, for three years after the enactment of this Act, to treat certain health facilities as state homes for purposes of eligibility for payments for care provided to veterans.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5671 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5671
To amend title 38, United States Code, to ensure appropriate payment
for the cost of long term care provided to veterans in State veterans
homes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2006
Mr. Bradley of New Hampshire (for himself, Mr. Michaud, Mr. Moran of
Kansas, Mr. Neal of Massachusetts, Mr. Simmons, and Mr. Garrett of New
Jersey) introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to ensure appropriate payment
for the cost of long term care provided to veterans in State veterans
homes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Long Term Care Security
Act''.
SEC. 2. INCREASE IN PAYMENT RATES FOR NURSING HOME CARE PROVIDED IN
STATE HOMES TO VETERANS WITH SERVICE-CONNECTED
DISABILITIES.
(a) Community-Based Facility Rate.--Subchapter V of chapter 17 of
title 38, United States Code, is amended by adding at the end the
following new section:
``Sec. 1744. Payment for care provided to veterans with service-
connected disabilities
``(a) Nursing Home Care.--(1) The Secretary shall pay each State
home for nursing home care provided (A) to any veteran in need of such
care for a service-connected disability, and (B) to any veteran who is
in need of such care and who has a service-connected disability rated
at 70 percent or more, at the applicable rate payable under section
1720 of this title for such care furnished in a non-Department nursing
home (as defined in subsection (e)(2) of such section).
``(2) Payment by the Secretary under paragraph (1) to a State home
for nursing home care provided to a veteran described in that paragraph
constitutes payment in full under this title to the State home for such
care furnished to that veteran.''.
(b) Conforming Amendments.--(1) Subsection (a)(1) of section 1741
of such title is amended by striking ``The'' in the matter preceding
subparagraph (A) and inserting ``Except as provided in section 1744 of
this title, the''.
(2) Subsection (a)(4) of section 1710 of such title is amended--
(A) by striking ``and'' before ``the requirement in section
1710B of this title''; and
(B) by inserting ``, and the requirement in section 1744 of
this title to provide nursing home care and prescription
medicines to veterans with service-connected disabilities in
State homes'' after ``a program of extended care services''.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1743 the following new item:
``1744. Payment for care provided to veterans with service-connected
disabilities.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2006, and apply to care furnished in State homes
on or after such date.
SEC. 3. PROVISION OF PRESCRIPTION MEDICINES FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES RECEIVING CARE IN STATE HOMES.
(a) Requirement to Furnish Prescription Medicines.--Section 1744 of
title 38, United States Code, as added by section 2, is amended by
adding at the end the following new subsection:
``(b) Prescription Medicines.--The Secretary shall furnish such
drugs and medicines as may be ordered on prescription of a duly
licensed physician as specific therapy in the treatment of illness or
injury of a veteran who is provided nursing home care that is payable
under subsection (a) in the case of a veteran--
``(1) who is in need of such drugs and medicines for a
service-connected disability; or
``(2) who is in need of such drugs and medicines and who
has a service-connected disability rated at 50 percent or
more.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2006.
SEC. 4. TEMPORARY AUTHORITY TO TREAT CERTAIN HEALTH FACILITIES AS STATE
HOMES.
(a) Authority.--Subchapter III of chapter 81 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 8138. Treatment of certain health facilities as State homes
``(a) Subject to subsections (b) through (f), the Secretary may
treat a health facility as a State home for purposes of subchapter V of
chapter 17 of this title if the facility meets the following
requirements:
``(1) The facility meets the standards for the provision of
nursing home care that is applicable to State homes, as
prescribed by the Secretary under section 8134(b) of this
title, and such other standards relating to the facility as the
Secretary may require.
``(2) The facility is licensed or certified by the
appropriate State and local agencies charged with the
responsibility of licensing or otherwise regulating or
inspecting such facilities.
``(3) The State demonstrates in an application to the
Secretary that, but for the treatment of a facility as a State
home under this subsection, a substantial number of veterans
residing in the geographic area in which the facility is
located who require nursing home care will not have access to
such care.
``(4) The Secretary has made a determination that the
treatment of the facility as a State home best meets the needs
of veterans in the area for nursing home care.
``(5) The Secretary approves the application submitted by
the State with respect to the health facility.
``(b) The Secretary may not treat a health facility as a State home
under subsection (a) if the Secretary determines that such treatment
would increase the number of beds allocated to the State in excess of
the limit on the number of beds provided for under regulations
prescribed under section 8134(a) of this title.
``(c) The number of beds occupied by veterans in a health facility
for which payment may be made under subchapter V of chapter 17 of this
title by reason of subsection (a) shall not exceed the number of
veterans in beds in State homes that otherwise would be permitted in
the State involved under regulations prescribed under section 8134(a)
of this title.
``(d) The number of beds in a health facility in a State that has
been treated as a State home under subsection (a) shall be taken into
account in determining the unmet need for beds for State homes for the
State under section 8134(d)(1) of this title.
``(e) In no case may the aggregate number of beds in all facilities
treated as State homes under subsection (a) exceed 100.
``(f)(1) The authority of the Secretary to treat a health facility
as a State home under subsection (a) shall terminate on the date that
is three years after the date of the enactment of the Veterans Long
Term Care Security Act.
``(2) Any facility treated as a State home under subsection (a)
before the date referred to in paragraph (1) shall continue to be so
treated for such time as the facility meets the requirements of this
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter 81 is amended by inserting after the item relating to
section 8137 the following new item:
``8138. Treatment of certain health facilities as State homes.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Health.
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