Veterans Residential Care Choice Act

Veterans Residential Care Choice Act

This bill authorizes the Department of Veterans Affairs (VA), at the request of an eligible veteran for whom the VA is required to provide domiciliary, nursing home, adult day health, or hospital care, or who is determined to be in need of such care, to place the veteran (at the expense of the United States) in a state licensed or certified residential care facility that meets VA standards if the cost of providing such care through the facility is less than the cost of providing the care through any other available option.

An eligible veteran is a veteran who is eligible for hospital care or medical services based on: (1) specified service-related disabilities, (2) who is a former prisoner of war, who was awarded the medal of honor or who was awarded the Purple Heart; (3) who is a veteran of the Mexican border period or of World War I; (4) who was exposed to a toxic substance, radiation, or other conditions; or (5) who is unable to defray the expenses of necessary care.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5397 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5397

   To amend title 38, United States Code, to direct the Secretary of 
  Veterans Affairs to furnish, at the request of an eligible veteran, 
  nursing home care and hospital care at State licensed or certified 
                      residential care facilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 22, 2018

Ms. DeLauro (for herself, Mr. Larson of Connecticut, Mr. Courtney, and 
  Mr. Himes) introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to direct the Secretary of 
  Veterans Affairs to furnish, at the request of an eligible veteran, 
  nursing home care and hospital care at State licensed or certified 
                      residential care facilities.

    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 Residential Care Choice 
Act''.

SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF NURSING HOME CARE 
              AND HOSPITAL CARE AT STATE LICENSED OR CERTIFIED 
              RESIDENTIAL CARE FACILITIES.

    (a) In General.--Subchapter II of chapter 17 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 1720I. State licensed or certified residential care facilities
    ``(a) In General.--At the request of an eligible veteran for whom 
the Secretary is required to provide domiciliary, nursing home, adult 
day health, or hospital care under this chapter, or whom the Secretary 
determines is in need of such care, the Secretary may place the veteran 
in a State licensed or certified residential care facility that meets 
Department standards, at the expense of the United States, pursuant to 
a contract or agreement entered into between the Secretary and the 
facility for such purpose, if the cost of providing such care to such 
veteran through such facility is less than the cost of providing such 
care to the veteran through any other available option. A veteran who 
is placed in such a facility under this section shall agree, as a 
condition of such placement, to accept home health services furnished 
by the Secretary under section 1717 of this title.
    ``(b) Eligibility.--For purposes of this section, an eligible 
veteran is a veteran who is eligible for hospital care or medical 
services under section 1710 of this title.
    ``(c) Definition of State Licensed or Certified Residential Care 
Facility.--In this section, the term `State licensed or certified 
residential care facility' means any assisted living facility, basic 
care facility, community residence, enriched housing program, home for 
the aged, personal care home, shared housing establishment, or other 
similar licensed or certified facility.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end of the items relating to 
such subchapter the following new item:

``1720I. State licensed or certified residential care facilities.''.
    (c) Applicability.--Section 1720I of title 38, United States Code, 
shall take effect on the date of the enactment of this Act and shall 
apply with respect to any veteran who is eligible under subsection (b) 
of that section, including such a veteran who, as of the date of the 
enactment of this Act, resides in a State licensed or certified 
residential care facility, as such term is defined in subsection (c) of 
such section.
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