§ 412 TITLE 24—HOSPITALS AND ASYLUMS Page 32

transferred to, and made a part of, the Retirement Home.

(e) Department of Defense support

The Secretary of Defense may make available

to the Retirement Home, on a nonreimbursable

basis, administrative support and office services,

legal and policy planning assistance, access to

investigative facilities of the Inspector General

of the Department of Defense and of the military departments, and any other support necessary to enable the Retirement Home to carry

out its functions under this chapter.

(f) Accreditation

The Retirement Home Board shall endeavor to

secure for each facility of the Retirement Home

maintained as a separate establishment of the

Retirement Home for administrative purposes

the accreditation of that facility by a nationally

recognized civilian accrediting organization,

such as the Continuing Care Accreditation Commission and the Joint Commission for Accreditation of Health Organizations.

(Pub. L. 101–510, div. A, title XV, §1511, Nov. 5,

1990, 104 Stat. 1723; Pub. L. 103–160, div. A, title

III, §366(a), Nov. 30, 1993, 107 Stat. 1630.)

REFERENCES IN TEXT

For the effective date specified in section 1541(a), referred to in subsec. (d)(2), see Effective Date note

below.

This chapter, referred to in subsec. (e), was in the

original ‘‘this Act’’, and was translated as reading ‘‘this

title’’, meaning title XV of Pub. L. 101–510, div. A, Nov.

5, 1990, 104 Stat. 1722, as amended, known as the

‘‘Armed Forces Retirement Home Act of 1991’’, which is

classified principally to this chapter. For complete

classification of title XV to the Code, see Short Title

note set out under section 401 of this title and Tables.

AMENDMENTS

1993—Subsecs. (e), (f). Pub. L. 103–160 added subsec. (e)

and redesignated former subsec. (e) as (f).

EFFECTIVE DATE

Section effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101–510, set out as a note under

section 401 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 401 of this title.

§ 412. Residents of Retirement Home

(a) Persons eligible to be residents

Except as provided in subsection (b) of this

section, the following persons who served as

members of the Armed Forces, at least one-half

of whose service was not active commissioned

service (other than as a warrant officer or limited-duty officer), are eligible to become residents of the Retirement Home:

(1) Persons who—

(A) are 60 years of age or over; and

(B) were discharged or released from service in the Armed Forces under honorable

conditions after 20 or more years of active

service.

(2) Persons who are determined under rules

prescribed by the Retirement Home Board to

be incapable of earning a livelihood because of

a service-connected disability incurred in the

line of duty in the Armed Forces.

(3) Persons who—

(A) served in a war theater during a time

of war declared by Congress or were eligible

for hostile fire special pay under section 310

of title 37;

(B) were discharged or released from service in the Armed Forces under honorable

conditions; and

(C) are determined under rules prescribed

by the Retirement Home Board to be incapable of earning a livelihood because of injuries, disease, or disability.

(4) Persons who—

(A) served in a women’s component of the

Armed Forces before June 12, 1948; and

(B) are determined under rules prescribed

by the Retirement Home Board to be eligible

for admission because of compelling personal

circumstances.

(b) Persons ineligible to be residents

A person described in subsection (a) of this

section who has been convicted of a felony or is

not free of drug, alcohol, or psychiatric problems shall be ineligible to become a resident of

the Retirement Home.

(c) Acceptance

To apply for acceptance as a resident of a facility of the Retirement Home, a person eligible

to be a resident shall submit to the Director of

that facility an application in such form and

containing such information as the Retirement

Home Board may require.

(d) Priorities for acceptance

The Retirement Home Board shall establish a

system of priorities for the acceptance of residents so that the most deserving applicants will

be accepted whenever the number of eligible applicants is greater than the Retirement Home

can accommodate.

(e) Effect of departure

A resident of the Retirement Home who leaves

the Retirement Home for more than 45 consecutive days (other than for inpatient medical care)

shall be required to reapply for acceptance as a

resident.

(f) Application of eligibility requirements to current residents of Naval Home and Soldiers’

and Airmen’s Home

Residents of the Naval Home and the United

States Soldiers’ and Airmen’s Home as of the effective date specified in section 1541(a)—

(1) shall not be required to apply for acceptance as residents of the Retirement Home; and

(2) shall become residents of the Retirement

Home on that date.

(Pub. L. 101–510, div. A, title XV, §1512, Nov. 5,

1990, 104 Stat. 1724.)

REFERENCES IN TEXT

For the effective date specified in section 1541(a), referred to in subsec. (f), see Effective Date note below.

EFFECTIVE DATE

Section effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101–510, set out as a note under

section 401 of this title.
Page 33 TITLE 24—HOSPITALS AND ASYLUMS § 415

§ 413. Services provided residents

(a) Services provided

Except as provided in subsection (b) of this

section, a resident of the Retirement Home shall

receive the services authorized by the Retirement Home Board.

(b) Medical and dental care

The Retirement Home shall provide for the

overall health care needs of residents in a high

quality and cost-effective manner, including on

site primary care, medical care, and a continuum of long-term care services. Secondary and

tertiary hospital care for residents that is not

available at a facility maintained as a separate

establishment of the Retirement Home shall, to

the extent available, be obtained by agreement

with the Secretary of Veterans Affairs or the

Secretary of Defense in a facility administered

by such Secretary. The Retirement Home shall

not be responsible for the costs incurred for such

care by a resident of the Retirement Home who

uses a private medical facility for such care. The

Retirement Home may not construct an acute

care facility.

(Pub. L. 101–510, div. A, title XV, §1513, Nov. 5,

1990, 104 Stat. 1725; Pub. L. 103–160, div. A, title

III, §366(c), Nov. 30, 1993, 107 Stat. 1630.)

AMENDMENTS

1993—Subsec. (b). Pub. L. 103–160 added second and

third sentences and struck out former second sentence

which read as follows: ‘‘Secondary and tertiary hospital

care for residents that is not available at the Retirement Home shall be obtained through agreements with

facilities administered by the Secretary of Veterans Affairs or the Secretary of Defense or at private facilities.’’

EFFECTIVE DATE

Section effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101–510, set out as a note under

section 401 of this title.

§ 414. Fees paid by residents

(a) Monthly fees

The Directors shall collect from each resident

of the Retirement Home a monthly fee.

(b) Deposit of fees

The Directors shall deposit fees collected

under subsection (a) of this section in the Armed

Forces Retirement Home Trust Fund.

(c) Fixing fees

(1) The Retirement Home Board shall from

time to time fix the fee required by subsection

(a) of this section on the basis of the financial

needs of the Retirement Home and the ability of

the residents to pay.

(2) The fee shall be fixed as a percentage of the

monthly income and monthly payments (including Federal payments) received by a resident,

subject to such adjustments in the fee as the Retirement Home Board may make under paragraph (1). The percentage shall be the same for

each establishment of the Retirement Home.

(d) Application of fees

Subject to such adjustments in the fee as the

Retirement Home Board may make under subsection (c) of this section, each resident of the

Retirement Home shall be required to pay a

monthly fee equal to the amount determined by

multiplying the total amount of all monthly income and monthly payments (including Federal

payments) received by the resident by a percentage as follows:

(1) In the case of a permanent health care

resident—

(A) in fiscal year 1998, 35 percent;

(B) in fiscal year 1999, 45 percent; and

(C) in fiscal year 2000, 65 percent.

(2) In the case of a resident who is not a permanent health care resident—

(A) in fiscal year 1998, 30 percent;

(B) in fiscal year 1999, 35 percent; and

(C) in fiscal year 2000, 40 percent.

(Pub. L. 101–510, div. A, title XV, §1514, Nov. 5,

1990, 104 Stat. 1725; Pub. L. 103–337, div. A, title

III, §371(b), Oct. 5, 1994, 108 Stat. 2735.)

AMENDMENTS

1994—Subsec. (c)(2). Pub. L. 103–337, §371(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read

as follows: ‘‘The fee shall be fixed as a percentage of

Federal payments made to a resident, including monthly retired or retainer pay, monthly civil service annuity, monthly compensation or pension paid to the resident by the Secretary of Veterans Affairs, and Social

Security payments. Residents who do not receive such

Federal payments shall be required to pay a monthly

fee that is equivalent to the average monthly fee paid

by residents who receive Federal payments, subject to

such adjustments in the fee as the Retirement Home

Board may make. The percentage shall be the same for

each establishment of the Retirement Home.’’

Subsec. (d). Pub. L. 103–337, §371(b)(2), added subsec.

(d) and struck out former subsec. (d) which specified

fees to be paid by residents of the Naval Home and residents of the United States Soldiers’ and Airmen’s Home

who became residents of the Retirement Home on the

effective date specified in section 1541(a) of Pub. L.

101–510.

Subsec. (e). Pub. L. 103–337, §371(b)(2)(A), struck out

subsec. (e) which read as follows: ‘‘A person who becomes a resident of the Retirement Home after the effective date specified in section 1541(a) shall be required

to pay a monthly fee that is equal to 25 percent of Federal payments made to the resident, subject to such adjustments in the fee as may be made under subsection

(c) of this section.’’

EFFECTIVE DATE OF 1994 AMENDMENT

Section 371(d)(2) of Pub. L. 103–337 provided that:

‘‘The amendments made by subsection (b) [amending

this section] shall take effect on October 1, 1997.’’

EFFECTIVE DATE

Section effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101–510, set out as a note under

section 401 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 419 of this title.

§ 415. Composition and operation of Retirement

Home Board

(a) Establishment

There is hereby established the Armed Forces

Retirement Home Board. The Retirement Home

Board shall exercise policy oversight over the

Retirement Home and oversee the activities of

any Local Boards of trustees.

(b) Members

The Retirement Home Board shall consist of

not less than 16 members who shall be appointed