To amend chapter 17 of title 38, United States Code, to allow for increased flexibility in payments for State veterans homes.

Authorizes the Secretary of Veterans Affairs (VA), in lieu of making payments to state homes for furnishing nursing home care to veterans, to enter into agreements with such homes to furnish such care under federal provisions which allow the Secretary to transfer to non-VA homes (at the expense of the United States) veterans who have been furnished such care in a facility under the jurisdiction of the Department of Veterans Affairs.

Replaces provisions providing for payment of nursing home care at the lesser of the prevailing rate or the cost of daily care with provisions providing for payment at the rate determined for a state home that is the applicable or prevailing rate payable in the geographic area in which the state home is located.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4241 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4241

   To amend chapter 17 of title 38, United States Code, to allow for 
      increased flexibility in payments for State veterans homes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 8, 2009

 Mr. Michaud introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend chapter 17 of title 38, United States Code, to allow for 
      increased flexibility in payments for State veterans homes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INCREASED FLEXIBILITY IN PAYMENTS FOR STATE VETERANS HOMES.

    (a) In General.--Section 1745(a) of title 38, United States Code, 
is amended--
            (1) in paragraph (1), by striking ``The Secretary'' and 
        inserting ``Subject to paragraph (4), the Secretary'';
            (2) in paragraph (3), by inserting ``section 1720 or'' 
        before ``paragraph (1)''; and
            (3) by adding the following new paragraph:
            ``(4) In lieu of making payments to a State home under 
        paragraph (1), the Secretary may enter into agreements with a 
        State home to furnish nursing home care to a veteran described 
        in paragraph (1) under the provisions of section 1720 of this 
        title.''.
    (b) Payments Reflecting Cost of Care.--Paragraph (2) of such 
section is amended to read as follows:
            ``(2) The rate determined under this paragraph with respect 
        to a State home is the applicable or prevailing rate payable in 
        the geographic area in which the State home is located, as 
        determined by the Secretary, for nursing home care furnished in 
        a non-Department nursing home (as that term is defined in 
        section 1720(e)(2) of this title).''.
    (c) Payment in Full Under Title.--Paragraph (3) of such section is 
amended by inserting ``under this title'' after ``payment in full''.
    (d) Application of Offset Language.--Section 1741(e) of title 38, 
United States Code is amended by inserting ``and section 1745(a)(1)'' 
after ``this section.''
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